77538 Federal Register / Vol. 65, No. 239 / Tuesday, December 12, 2000 / Proposed Rules

eliminate ambiguity, and reduce

burden.

Executive Order 13045 (Protection of

Children)

We have analyized this action under

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This proposed

rule is not an economically significant

rule and does not concern an

environmental risk to health or safety

that may disproportionately affect

children.

Executive Order 12630 (Taking of

Private Property)

This proposed rule will not effect a

taking of private property or othewise

have taking implications under

Executive Order 12630, Governmental

Actions and Interference with

Constitutionally Protected Property

Rights.

Executive Order 12372

(Intergovernmental Review)

Catalog of Federal Domestic

Assistance Program Number 20.205,

Highway Planning and Construction.

The regulations implementing Executive

Order 12372 and amendments thereto

regarding intergovernmental

consultation on Federal programs and

activities apply to this program. Those

regulations stipulate that Federal

agencies shall provide opportunities for

consultation by element officials of

State and local governments that would

provide non-Federal funds for, or that

would be directly affected by, proposed

Federal assistance or direct Federal

development. The regulations further

state that the Federal agencies must

communicate with the appropriate State

and local officials as early in the

program planning cycle as is reasonable

feasible to explain specific plans and

actions.

Since members of the ASTM, the

IEEE. and the DSRC industry

participated in establishing the need for

the DSRC standards, in defining the

requirements for the DSRC standards,

and in development and approval of the

DSRC standards, it is clear that

requirements of the intergovernmental

review regulations have been satisified.

In addition, the FHWA and ITS America

have made information about the

standards program and the standards

widely and publicly available.

Furthermore, publication of this SNPRM

further emphasizes the agency’s efforts

to coordinate with State and local

governments by providing another

opportunity to review and comment on

our proposal.

Paperwork Reduction Act

Under the Paperwork Reduction Act

of 1995 (PRA) [44 U.S.C. 3501–3520],

Federal agencies must determine

whether requirements contained in

proposed rulemaking are subject to the

information collection provisions of the

PRA. The FHWA has determined that

this proposed regulation does not

constitute an information collection

within the scope or meaning of the PRA.

Implementation of this proposal would

impose no paperwork burden on the

States or private entities. The proposal

merely sets forth the DSRC

interoperability standards for devices

that collect the vehicle data that is

already being transmitted either

electronically, visually, or otherwise. As

for the States assuring that vendors of

the devices comply with these

standards, the FHWA is not imposing

any formal certification process on

them. The States may accomplish

assurances of vendor compliance as part

of their usual and customary processes

that they would adopt to implement the

requirements of any Federal regulation.

United States International Trade

Policy

The agency has analyzed the impact

of this rulemaking on United States

trade in accordance with Executive

Order 12661 and finds no significant

detrimental impacts on United States

international trade policy.

National Environmental Policy Act

The agency has analyzed this action

for the purpose of the National

Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) and has determined

that this action would not have any

effect on the quality of the environment.

Regulation Identification Number

A regulation identification number

(RIN) is assigned to each regulatory

action listed in the Unified Agenda of

Federal Regulations. The Regulatory

Information Service Center publishes

the Unified Agenda in April and

October of each year. The RIN contained

in the heading of this document can be

used to cross reference this action with

the Unified Agenda.

List of Subjects in 23 CFR Part 945

Communications, Highways and

roads, Radio, Transportation-intelligent

systems.

Authority: 23 U.S.C. #315, and 502 note;

sec. 6053(b), Pub. L. 102–240, 105 Stat. 1914,

at 2190; sec. 5206(e), Pub. L. 105–178, 112

Stat. 107, at 457; and 49 CFR 1.48.

Issued on: December 4, 2000.

Kenneth R. Wykle,

Federal Highway Administrator.

[FR Doc. 00–31642 Filed 12–11–00; 8:45 am]

BILLING CODE 4910–22–M

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 18

RIN 1024–AC78

Leasing Regulations

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

amend current National Park Service

(NPS) regulations concerning the leasing

of historic properties within areas of the

national park system to encompass

additional types of properties as

authorized by law and to change in

certain respects the procedural

requirements for leasing of properties.

DATES: We will accept written

comments, suggestions or objections on

or before February 12, 2001.

ADDRESSES: Written comments should

be sent to Richard Ring, Associate

Director, Operations and Education,

National Park Service, 1849 C Street,

NW., Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT:

Cindy Orlando, National Park Service

Washington, DC 20240 (202/565–1212).

SUPPLEMENTARY INFORMATION: Section

802 of the National Parks Omnibus

Management Act, Public Law 105–391,

authorized NPS to grant leases for the

use of buildings and associated property

located within areas of the national park

system to persons and governmental

entities under certain conditions. This

new leasing authority supplements

existing NPS leasing authority

concerning historic properties set forth

in 16 U.S.C. 470h–3 and implemented

in 36 CFR Part 18. NPS proposes by

amendment of 36 CFR Part 18 to

combine into one regulation the leasing

authority provided by section 802 of

Public Law 105–391 with the leasing

authority provided by 16 U.S.C. 470h–

3. This will achieve simplification of the

NPS historic leasing process as also

called for by section 802 of Public Law

105–391 and expand the scope of NPS

leasing authority to all eligible

properties. NPS also has authority to

lease certain property located within

units of the national park system under

16 U.S.C. 460l–22(a). This authority is

implemented by NPS in 36 CFR Part 17.

NPS does not intend to amend 36 CFR

Federal Register / Vol. 65, No. 239 / Tuesday, December 12, 2000 / Proposed Rules 77539

Part 17. When 36 CFR Part 18 is

amended as proposed, NPS will have

authority to lease certain types of

property under 36 CFR Part 17 or 36

CFR Part 18.

Section Content

Section 18.1. Authority and Purposes.

Section 18.1 describes the authority for

the proposed rule.

Section 18.2. Section 18.2 defines the

terms used in the proposed rule.

Section 18.3. Section 18.3 describes

the types of property that NPS may lease

under this part. In general, this part

applies to leases of both historic and

non-historic property located within the

boundaries of park areas.

Section 18.4. Section 18.4 describes

the types of determinations NPS must

make before it may lease property under

this part. Before leasing property under

this part, NPS must determine that the

lease: (1) Will not result in degradation

of the purposes and values of the park

area; (2) will not deprive the park area

of property necessary for appropriate

park protection, interpretation, visitor

enjoyment, or administration of the park

area; (3) contains such terms and

conditions as will assure the leased

property will be used for an activity and

in a manner that is consistent with the

purposes established by law for the park

area in which the property is located; (4)

is compatible with the programs of the

National Park Service; (5) is for rent at

least equal to the fair market value rent

of the leased property as described in

section 18.5; (6) does not authorize

activities that are subject to

authorization through a concession

contract, commercial use authorization

or similar instrument; and (7), if the

lease is to include historic property, that

the lease will adequately insure the

preservation of the historic property.

Section 18.5. Section 18.5 describes

the rent NPS must receive for property

leased under this part. The rent must be

at fair market value, determined after

taking into account any restrictions NPS

may place on the use of the leased

property and any requirements for

rehabilitation and maintenance of the

leased property.

Section 18.6. Section 18.6 describes

the types of uses that are permissible for

property leased under this part. In

general, leased property may be used for

any lawful purpose subject to the

determinations called for in section

18.4. These uses may include, among

others, office or other commercial uses.

Innovative uses that are consistent with

the requirements of this part are

encouraged.

Section 18.7. Section 18.7 describes

the procedures for leasing property

through a public bid process. The bid

process may only be used if the amount

of rent is the sole criterion for award of

a lease. The bid process calls for public

notice of the lease opportunity,

submission of offers on a date certain,

and a public bid opening and selection

by NPS.

Section 18.8. Section 18.8 describes

the procedures for leasing property

through a proposal solicitation process.

In general, the proposal solicitation

process calls for public issuance of a

Request for Proposals (‘‘RFP’’) that

describes the leasing opportunity and

the criteria for selection. After

submission of proposals, NPS will select

the best proposal upon application of

established selection criteria. These

include the compatibility of the

proposal to the park area and its

visitors, the experience and financial

capability of the offeror, and the ability

and commitment of the offeror to

conduct its activities in an

environmentally enhancing manner.

Section 18.9. Section 18.9 permits

NPS to lease property to non-profit

organizations and governmental units

without competitive procedures if NPS

determines it is in the public interest to

do so.

Section 18.10. Section 18.10 describes

the term of leases to be granted under

the authority of this part. The term is to

be no more than 60 years.

Section 18.11. Section 18.11 describes

the general terms and conditions that a

lease granted under authority of this

part must contain. These include

provisions that assure use of the

property in a manner consistent with

the purposes of the applicable park area,

and, if applicable, the preservation of

historic property that may be leased.

Section 18.12. Section 18.12 describes

a number of specific terms and

conditions that a lease granted under

the authority of this part must contain.

These include a termination for cause

provision, a clause requiring the lessee

to maintain the leased property,

provisions regarding the use of the

leased property, and, provisions that

state that any improvements a lessee

may make may only be undertaken with

the approval of NPS.

Section 18.13. Section 18.13 describes

the information collection requirements

of the proposed rule.

Drafting Information

The primary authors of this rule are

the members of a task force comprised

of NPS officials involved in the leasing

of national park system properties.

Compliance With Laws, Executive

Orders and Departmental Policy

Regulatory Planning and Review (E.O.

12866)

This rule is a significant rule within

the meaning of Executive Order 12866

because of novel policy issues.

a. This rule will not have an annual

economic effect of $100 million or more

or adversely affect an economic sector,

productivity, jobs, the environment or

other units of government. The rule

imposes no obligations on any entity

except for persons that may seek to be

awarded an NPS lease. It does not apply

to existing NPS leases.

b. This rule will not create

inconsistencies with other agencies’

actions as it only applies to the National

Park Service.

c. This rule will not materially affect

entitlements, grants, user fees, loan

programs, or the rights and obligations

of their recipients. The rule prescribes

procedures for leasing lands of the

national park system.

d. This rule raises novel policy issues

as it prescribes new procedures for

leasing lands of the national park

system in accordance with the

requirements of section 802 of Public

Law 105–319 and 16 U.S.C. 470h–3.

Small Business Regulatory Enforcement

Act

This rule is not a major rule under 5

U.S.C. 804(2) , the Small Business

Regulatory Fairness Enforcement Act.

This rule does not have an annual effect

on the economy of $100 million or

more; will not cause a major increase in

costs or prices for consumers,

individual entities, Federal, State, or

local government agencies, or

geographic regions; and does not have

significant adverse effects on

competition, employment, investment,

productivity, innovation, or the ability

of U.S.-based enterprises to compete

with foreign-based enterprises. The

primary effect of the proposed rule is to

establish procedures for the granting of

leases of certain property located within

areas of the national park system.

Potential lessees will only submit lease

proposals if the effects are positive.

Regulatory Flexibility Act

This rule is not subject to the

Regulatory Flexibility Act as it is not

required to be published for comment

before adoption by 5 U.S.C. 553 or other

law. NPS is soliciting public comment

on this proposed rule as a matter of

policy. In any event, the Department of

the Interior considers that the final rule

will not have a significant effect on a

substantial number of small entities as

77540 Federal Register / Vol. 65, No. 239 / Tuesday, December 12, 2000 / Proposed Rules

defined under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). NPS

anticipates that less than one hundred

leases a year will be awarded under this

authority. In addition, the rule is only

applicable to prospective lessees. It has

no effect on existing NPS leases.

Takings

In accordance with Executive Order

12360, this rule does not have

significant takings implications as this

rule does not apply to private property.

A takings assessment is not required.

Federalism

In accordance with Executive Order

12612, this rule does not have sufficient

federalism implications to warrant the

preparation of a federalism assessment.

The rule imposes no requirements on

any governmental entity other than

NPS.

Civil Justice Reform (E.O. 12998)

In accordance with Executive Order

12988, the Office of the Solicitor has

determined that this rule does not

unduly burden the judicial system and

does not meet the requirements of

sections 3(a) and 3(b)(2) of the Order.

Information Collection

This rule (NPS Leasing Regulations—

36 CFR Part 18) requires an information

collection from ten or more parties so a

submission under the Paperwork

Reduction Act is required. An OMB

form 83–I has been submitted to the

Office of Management and Budget for

approval. The information collection

requirements of this rule are for the

purpose of awarding and administering

NPS leases. A federal 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.

Six categories of information

collection are contained in the rule:

Section 18.7 (Request for Bids); Section

18.8 (Requests for Qualifications/

Proposals); Section 18.12(c) (Subletting

and Assignment of Leases); Section

18.12 (i)–(j) (Approval of Lessee

Construction/Demolition); Section

18.12(l) (Approval of Lessee

Encumbrances); and Section 18.12(k)

(Amendment of Leases). NPS will use

the information collected to make

administrative decisions with respect to

these six categories. The respondents to

these collections will be NPS lessees

and prospective NPS lessees. NPS

anticipates that there will be a total of

approximately six hundred respondents

per year with respect to Sections 18.7

and 18.8 and a total of approximately

twenty-seven respondents per year with

respect to the other information

collection categories. NPS estimates that

the total annual reporting and

recordkeeping burden that will result

from these collections of information

will be 4392 hours, as set forth in the

following chart.

Section Number of

responses

Hours per

response Total hours

Section 18.7 ................................................................................................................................. 200 1 200

Section 18.8—Complex ............................................................................................................... 20 40 800

Section 18.8—Simple .................................................................................................................. 380 8 3040

Section 18.12(c)—Complex ......................................................................................................... 1 40 40

Section 18.12(c)—Simple ............................................................................................................ 4 8 32

Section 18.12 (i)–(j)—Complex ................................................................................................... 2 32 64

Section 18.12 (i)–(j)—Simple ....................................................................................................... 8 8 64

Section 18.12(k) ........................................................................................................................... 2 4 8

Section 18.12(l)—Complex .......................................................................................................... 2 40 80

Section 18.12(l)—Simple ............................................................................................................. 8 8 64

Total .................................................................................................................................. 627 * 7.0 4392

* Average.

Please send comments regarding this

burden or estimate or any other aspect

of this collection of information,

including suggestions for reducing the

burden, to the Desk Officer for the

Interior Department, Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC 20503 (with a copy to

the Information Collection Officer,

National Park Service, 1849 C Street,

Washington, DC 20240). The Office of

Management and Budget has up to 60

days to approve or disapprove the

information collection but may respond

after 30 days; therefore, public

comments should be submitted to OMB

within 30 days in order to assure their

maximum consideration. NPS is

soliciting public comments as to: (1)

Whether the collection of information is

necessary for the proper performance of

the functions of the bureau, including

whether the information will have

practical utility; (2) the accuracy of the

bureau’s estimate of the burden of the

collection of information, including the

validity of the methodology and

assumptions used; (3) the quality,

utility, and clarity of the information to

be collected; and (4) how to minimize

the burden of the collection of

information on those who are to

respond, including the use of

appropriate electronic, mechanical, or

other forms of information technology.

National Environmental Policy Act

This rule does not constitute a major

federal action affecting the quality of the

human environment. A detailed

statement under the National

Environment Policy Act is not required.

The rule will not increase public use of

park areas, introduce noncompatible

uses into park areas, conflict with

adjacent land ownerships or land uses,

or cause a nuisance to property owners

or occupants adjacent to park areas.

Accordingly, this rule is categorically

excluded from procedural requirements

of the National Environmental Policy

Act by 516 DM 6, App. 7.4A(10).

Clarity of This Rule

Executive Order 12866 requires

federal agencies to write regulations that

are easy to understand. Comment is

invited on how to make this rule easier

to understand, including answers to the

following questions: (1) Are the

requirements in the rule clearly stated?

(2) Does the rule contain undefined

technical language or jargon that

interferes with its clarity?; (3) Does the

format of the rule (groupings and order

of sections, use of headings,

paragraphing, etc.) aid in or reduce its

clarity?; (4) would the rule be easier to

understand if it were divided into more

but shorter sections?; (5) Is the

description of the rule in the

SUPPLEMENTARY INFORMATION section of

the preamble helpful in understanding

Federal Register / Vol. 65, No. 239 / Tuesday, December 12, 2000 / Proposed Rules 77541

the proposed rule?; (6) What else could

be done to make the rule easier to

understand? Please send a copy of any

comments that concern how this rule

could be made easier to understand to:

Office of Regulatory Affairs, Department

of the Interior, Room 7229, 1849 C

Street NW., Washington, DC 20240.

List of Subjects in 36 CFR Part 18

Leasing, National Parks.

In consideration of the forgoing, 36

CFR Part 18 is proposed to be revised

to read as follows:

PART 18—LEASING OF PROPERTIES

IN PARK AREAS

Sec.

18.1 What is the authority and purpose for

this part?

18.2 What definitions do you need to know

to understand this part?

18.3 What property may be leased?

18.4 What determinations must the Director

make before leasing property?

18.5 May property be leased without

receiving fair market value rent?

18.6 Are there limitations on the use of

property leased under authority of this

part?

18.7 How are lease proposals solicited and

selected if the Director issues a Request

for Bids?

18.8 How are lease proposals solicited and

selected if the Director issues a Request

for Proposals?

18.9 When may the Director lease property

without issuing a request for bids or a

request for proposals?

18.10 How long can the term of a lease be?

18.11 What general provisions must a lease

contain?

18.12 What specific provisions may, must,

or must not a lease contain?

18.13 Have information collection

procedures been followed?

Authority: 16 U.S.C. 1 et seq., particularly

16 U.S.C. 1a–2(k) , and, 16 U.S.C. 470h–3.

§ 18.1 What is the authority and purpose

for this part?

16 U.S.C. 1 et seq., particularly 16

U.S.C. 1a–2(k) , and, 16 U.S.C. 470h–3

are the authorities for this part. These

authorities allow the Director (or

delegated officials) to lease certain

federally owned or administered

property located within the boundaries

of park areas. All leases to be entered

into by the Director under these

authorities are subject to the

requirements of this part.

§ 18.2 What definitions do you need to

know to understand this part?

In addition to the definitions

contained in 36 CFR part 1, the

following definitions apply to this part:

(a) Associated property means land

and/or structures (e.g., parking lots,

retaining walls, walkways,

infrastructure facilities, farm fields)

related to a building and its functional

use and occupancy.

(b) Building means an enclosed

structure located within the boundaries

of a park area and constructed with

walls and a roof to serve a residential,

industrial, commercial, agricultural or

other human use.

(c) Commercial use authorization

means a written authorization to

provide services to park area visitors

issued by the Director pursuant to

Section 418 of Public Law 105–391 and

implementing regulations.

(d) Concession contract has the

meaning stated in 36 CFR part 51.

(e) Fair market value rent means the

most probable rent, as of a specific date,

in cash or in terms equivalent to cash,

for which the property to be leased

should rent for its highest and best use

after reasonable exposure in a

competitive market under all conditions

requisite to a fair leasing opportunity,

with the lessor and the lessee each

acting prudently, knowledgeably, and

for self-interest, and assuming that

neither is under undue duress.

Determinations of fair market value rent

under this part are subject to the

considerations stated in 18.5.

(f) Historic land means land located

within the boundaries of an historic

property.

(g) Historic property means buildings

and land located within the boundaries

of a park area if the buildings and land

are part of a pre-historic or historic

district or site included on, or eligible

for inclusion on, the National Register of

Historic Places.

(h) Land means unimproved real

property.

(i) Lease means a written contract

entered into under the authority of this

part through which use and possession

of property is granted to a person for a

specified period of time.

(j) Non-historic building is a building

and its associated property that is

located within the boundaries of a park

area but is not located within the

boundaries of a pre-historic or historic

district or site included on, or eligible

for inclusion on, the National Register of

Historic Places.

(k) Non-historic land means land

located within the boundaries of a park

area that is not associated property and

is not historic property.

(l) Park area means a unit of the

national park system.

(m) Property means a non-historic

building and/or historic property that is

located within the boundaries of a park

area and is federally owned or

administered.

(n) Request for bids refers to the lease

bid process described in § 18.7.

(o) Request for proposals refers to the

lease proposal process described in

§ 18.8.

(p) Responsive bid or proposal means

a bid or proposal that meet the material

requirements of a request for bids or a

request for proposals.

§ 18.3 What property may be leased?

(a) In general. The Director may lease

any property under this part if the

Director makes the determinations

required by § 18.4.

(b) Non-historic land. Non-historic

land may not be leased under this part.

Certain non-historic land is eligible for

leasing under 36 CFR part 17.

§ 18.4 What determinations must the

Director make before leasing property?

Before leasing property in a park area

under this part, the Director must

determine that: The lease will not result

in degradation of the purposes and

values of the park area; the lease will

not deprive the park area of property

necessary for appropriate park

protection, interpretation, visitor

enjoyment, or administration of the park

area; the lease contains such terms and

conditions as will assure the leased

property will be used for activity and in

a manner that are consistent with the

purposes established by law for the park

area in which the property is located;

the lease is compatible with the

programs of the National Park Service;

the lease is for rent at least equal to the

fair market value rent of the leased

property as described in § 18.5; the

proposed activities under the lease are

not subject to authorization through a

concession contract, commercial use

authorization or similar instrument;

and, if the lease is to include historic

property, the lease will adequately

insure the preservation of the historic

property.

§ 18.5 May property be leased without

receiving fair market value rent?

Property may be leased under this

part only if the Director ensures that the

lease requires payment of rent to the

government equal to or higher than the

property’s fair market value rent. The

Director’s determination of fair market

value rent shall take into account: Any

restrictions on the use of the property

imposed by the Director that limit the

value and/or the highest and best use of

the property; and, any requirements

under the lease for the lessee to restore,

rehabilitate or otherwise improve the

leased property. The Director may take

into account in determining the fair

market value of property offered for

77542 Federal Register / Vol. 65, No. 239 / Tuesday, December 12, 2000 / Proposed Rules

lease under § 18.7 the amounts of the

bids received in response to the

solicitation.

§ 18.6 Are there limitations on the use of

property leased under this part?

(a) A lease issued under this part may

authorize the use of the leased property

for any lawful purpose, subject to the

determinations required by § 18.4 and

the limitations on activities set forth in

paragraph (b) of this section.

(b) Unless otherwise authorized by

law, a lease issued under this part may

not authorize the lessee to engage in

activities that are subject to

authorization through a concession

contract, commercial use authorization

or similar instrument. Proposed lease

activities are subject to authorization

under a concession contract if the

Director determines in accordance with

36 CFR part 51 and park area planning

documents and related guidelines that

the proposed activities meet applicable

requirements for issuance of a

concession contract. Proposed activities

are subject to authorization under a

commercial use authorization if the

Director determines in accordance with

park area planning documents and

related guidelines that the proposed

activities meet applicable requirements

for issuance of a commercial use

authorization.

§ 18.7 How are lease proposals solicited

and selected if the Director issues a

Request for Bids?

(a) If the amount of the rent is the only

criterion for award of a lease, the

Director may solicit bids through

issuance of a request for bids as

described in this section. If historic

property is to be leased under the

authority of this section, the Director

must comply with 36 CFR part 800

(commenting procedures of the

Advisory Council on Historic

Preservation) at an appropriate time

during the leasing process.

(b) A request for bids under this

section shall be advertised by public

notice published at least twice in local

and/or national newspapers of general

circulation. The notice shall provide at

least a thirty (30) day period from the

last date of publication for the

submission of sealed bids. The notice

will provide necessary information to

prospective bidders. It may require

submission of a rent deposit or advance

rent payment. Bids will be considered

only if timely received at the place

designated in the request. Bids must be

in the form specified by the Director, or,

if no form is specified, a bid must be in

writing, signed by the bidder or

authorized representative, state the

amount of the bid, and refer to the

applicable public notice. If the notice

requires submission of a rent deposit or

advance rent payment, the bids must

include the required funds in the form

of a certified check, post office money

order, bank drafts, or cashier’s checks

made out to the United States of

America. The bid (and payment where

applicable) must be enclosed in a sealed

envelope upon which the bidder shall

write: ‘‘Bid on lease of property of the

National Park Service’’ and shall note

the date the bids are to be opened.

(c) Bids will be opened publicly by

the Director at a time and place

specified in the public notice. Bidders

or their representatives may attend the

bid opening. The bidder submitting a

responsive bid offering the highest rent

will be selected for award of the lease.

A responsive bid is a bid that meets the

material terms and conditions of the

request for bids. The Director shall

accept no bid in an amount less than the

fair market rental value as determined

by the Director. If two or more bids are

equal, a drawing shall make the lease

award by lot limited to the equal

responsive bids received.

(d) When a property is to be leased

through a request for bids, the bidder

that is declared by the Director to be the

high bidder shall be bound by his bid

and this part to execute the offered

lease, unless the bid is rejected. If the

declared high bidder fails to enter into

the lease for any reason, the Director

may choose to enter into the lease with

the next highest bidder (if that bidder

offered to pay at least the fair market

rent value). The Director may reject any

and all bids in his discretion and

resolicit or cancel a lease solicitation

under this part at any time without

liability to any person.

§ 18.8 How are lease proposals solicited

and selected if the Director issues a

Request for Proposals?

(a) When the award of a lease is to be

based on selection criteria in addition to

the amount of the rent, the Director

must solicit proposals for the lease

through issuance of a public Request for

Proposals (RFP).

(b) An RFP may be preceded by

issuance of a public Request for

Qualifications (RFQ). The purpose of an

RFQ is to select a ‘‘short list’’ of

potential offerors that meet minimum

management, financial and other

qualifications necessary for submission

of a proposal in response to an RFP. If

the Director issues an RFQ, only persons

determined as qualified by the Director

under the terms of the RFQ shall be

eligible to submit a proposal under the

related RFP.

(c) The Director must provide public

notice of the leasing opportunity by

publication at least twice in local and/

or national newspapers of general

circulation and/or through publication

in the Commerce Business Daily. The

public notice shall contain general

information about the leasing

opportunity and advise interested

persons how to obtain a copy of the RFP

(or RFQ where applicable). The RFP

(and RFQ where applicable) shall

contain appropriate information about

the property proposed for lease,

including any limitations on the uses of

the property to be leased, information

concerning the leasing process,

information and materials that must be

contained in a proposal, the time and

place for submission of proposals, terms

and conditions of the lease, and the

criteria under which the Director will

evaluate proposals. The RFP may state

the fair market value rent as the

minimum acceptable rent if determined

by the Director at that time. The RFP

(and RFQ where applicable) must allow

at least sixty (60) days for submission of

proposals (or qualifications under an

RFQ) unless a shorter period of time is

determined to be sufficient in the

circumstances of a particular

solicitation.

(d) The Director may determine that a

proposal is non-responsive and not

consider it further. A non-responsive

proposal is a proposal that fails to meet

the material terms and conditions of the

RFP. After the submission of offers and

prior to the selection of the best overall

proposal, the Director may request from

any offeror additional information or

written clarification of a proposal,

provided that proposals may not be

amended after the submission date

unless all offerors that submitted

proposals are given an opportunity to

amend their proposals. The Director

may choose to reject all proposals

received at any time and resolicit or

cancel a solicitation under this part

without liability to any person.

(e)(1) The criteria to be used in

selection of the best proposal are:

(i) The compatibility of the proposal’s

intended use of the leased property with

respect to preservation, protection, and

visitor enjoyment of the park;

(ii) The financial capability of the

offeror to carry out the terms of the

lease;

(iii) The experience of the offeror

demonstrating the managerial capability

to carry out the terms of the lease;

(iv) The ability and commitment of

the offeror to conduct its activities in

the park area in an environmentally

enhancing manner through, among

other programs and actions, energy

Federal Register / Vol. 65, No. 239 / Tuesday, December 12, 2000 / Proposed Rules 77543

conservation, waste reduction, and

recycling; and

(v) Any other criteria the RFP may

specify.

(2) If the property to be leased is an

historic property, the compatibility of

the proposal with the historic qualities

of the property shall be an additional

selection criterion. If the RFP requires

proposals to include the amount of rent

offered, the amount of rent offered also

shall be an additional selection

criterion.

(f) The Director will evaluate all

responsive proposals received. The

proposal determined by the Director to

best meet on an overall basis the

evaluation criteria will be selected for

negotiation of the lease. If two or more

responsive proposals are determined by

the Director to be substantially equal

under the evaluation criteria, the

Director shall provide an opportunity

for those proposals to be amended by

their offerors as necessary for the

Director to select the best amended

proposal. In such circumstances, the

Director will provide each offeror that

submitted a substantially equal proposal

appropriate information as to how their

proposals may be amended in order to

enhance the possibility of selection as

the best amended proposal. If two or

more proposals remain as equal after

amendment, the Director will select for

negotiation of the lease the otherwise

equal proposal that is rated highest with

respect to paragraph (e)(1)(iv) of this

section, the conduct of activities under

the lease in an environmentally

enhancing manner.

(g) The Director will provide the

offeror that submitted the best overall

proposal as determined by the Director

a specified period of time to negotiate

the final terms of the lease. The final

terms of the lease must be consistent

with the requirements of the RFP. If the

negotiations do not result in an

executed lease within the specified time

period, the Director, in his discretion,

may extend the negotiation period,

terminate negotiations and negotiate

with the offeror that submitted the next

best proposal, or, cancel the solicitation.

(h) RFPs may state that the amount of

rent to be paid will be negotiated

subsequently with the offeror that

submitted the best proposal, initially or

as amended. The Director may execute

a lease only if the Director determines

that it requires the lessee to pay at least

the fair market value rent of the leased

property.

(i) The Director may execute a lease

that includes historic property only after

complying with 36 CFR part 800

(commenting procedures of the

Advisory Council on Historic

Preservation) at an appropriate time

during the leasing process.

§ 18.9 When may the Director lease

property without issuing a request for bids

or a request for proposals?

The Director, except as provided in

this section, may not lease property

without issuing a request for bids or a

request for proposals in compliance

with § 18.7 or § 18.8. The Director under

this part may enter into leases with nonprofit organizations (recognized as such

by the Internal Revenue Service) or

units of government without complying

with § 18.7 or § 18.8 if the Director

determines that to do so it is in the best

interests of the administration of the

park area. All other requirements of this

part are applicable to leases entered into

or to be entered into under authority of

this section. The Director may enter into

leases under this part with a term of

sixty (60) days or less without

complying with § 18.7 or § 18.8 of this

part if the Director determines that to do

so is in the best interests of the

administration of the park area. If

historic land is to be leased under the

authority of this section, the Director

must comply with 36 CFR part 800

(commenting procedures of the

Advisory Council on Historic

Preservation) before entering into the

lease.

§ 18.10 How long can the term of a lease

be?

All leases entered into under this part

shall have as short a term as possible,

taking into account the financial

obligations of the lessee and other

factors related to determining an

appropriate lease term. No lease shall

have a term of more than 60 years.

Leases entered under the authority of

this section may not be extended.

§ 18.11 What general provisions must a

lease contain?

All leases entered into under this part

must contain terms and conditions that

are determined necessary by the

Director to assure use of the leased

property in a manner consistent with

the purposes of the applicable park area

as established by law, and where

applicable, to assure the preservation of

historic property. In addition, all leases

entered into under this part must

contain clauses applicable as a matter of

law to leases and certain other

mandatory provisions set forth in

§ 18.12.

§ 18.12 What specific provisions may,

must, or must not a lease contain?

(a) All leases entered into under this

part shall include a termination for

cause or default provision.

(b) All leases entered into under this

part shall contain appropriate

provisions requiring the lessee to

maintain the leased property in good

condition throughout the term of the

lease.

(c) All leases entered into under this

part shall contain appropriate

provisions regarding subletting or

assignment of the leased property.

Subletting and assignment of a lease, if

permissible under the terms of the lease,

must be subject to the Director’s written

approval that shall be granted only of

the Director determines that the

proposed sub-lessee or assignee is

financially and managerially capable of

carrying out the terms of the lease.

Assignment of a lease for the purpose of

effectuating an encumbrance to the lease

or the leased property is subject to

approval pursuant to the requirements

of paragraph (l) of this section.

(d) All leases entered into under this

part must contain appropriate

provisions requiring the lessee to secure

and maintain from responsible

companies insurance sufficient to

indemnify losses connected with or

occasioned by the use and activities

authorized by the lease. Types and

amounts of insurance coverage will be

specified in writing and periodically

reviewed by the Director.

(e) All leases entered into pursuant to

this part, unless the Director determines

otherwise in the circumstances of a

particular lease, must contain

provisions requiring the lessee to obtain

from responsible companies casualty

insurance (including flood insurance if

applicable) in the amount of at least the

replacement value of any leased

property. In the event of casualty, the

lessee shall be required to repair or

replace damaged or destroyed property

unless otherwise determined by the

Director. If the Director does not require

the lessee to repair or replace damaged

or destroyed property, any insurance

proceeds due the lessee shall be

remitted to the Director without offset as

additional rent payment for the leased

property.

(f) All leases entered into pursuant to

this part must contain appropriate

provisions requiring the lessee to save,

hold harmless, and indemnify the

United States of America and its agents

and employees for all losses, damages,

or judgments and expenses resulting

from personal injury, death or property

damage of any nature arising out of the

lessee’s activities under the lease, and/

or the activities of the lessee’s

employees, subcontractors, sub-lessees,

or agents. No lease entered into this part

may contain provisions intended to

provide indemnification or other

77544 Federal Register / Vol. 65, No. 239 / Tuesday, December 12, 2000 / Proposed Rules

assurances to the lessee regarding the

conduct or activities of the Director

concerning the lease or the

administration of the applicable park

area. Leases may contain appropriate

provisions that commit the Director to

accept responsibility for tortious actions

of government officials to the extent

authorized by the Federal Torts Claim

Act or as otherwise expressly authorized

by law.

(g) All leases entered into under this

part shall contain appropriate

provisions requiring the lessee to pay

for use of all utilities used by the lessee,

and, all taxes and assessments imposed

by federal, state, or local agencies

applicable to the leased property or to

lessee activities.

(h) All leases entered into under this

part shall contain appropriate

provisions stating that a lease may not

be extended by the Director and that the

lessee has no rights of renewal of the

lease or rights of any nature to award of

a new lease of the leased property upon

the expiration of the lease or upon

termination of the lease for any reason.

Leases entered into under this part are

subject to cancellation by the Director in

the exercise of the sovereign authority of

the United States to the extent provided

by applicable law. Unless otherwise

authorized by law, the Director may not

enter into a lease a lease that contains

provisions that provide compensation to

the lessee in the event of expiration or

termination of the lease for any reason.

(i) Except as provided in this

subsection, leases entered into under

authority of this part may not contain

provisions authorizing the lessee to

construct new buildings or structures on

leased property. Leases may contain

appropriate provisions that authorize

the lessee to construct, subject to the

prior written approval of the Director,

minor additions, buildings or structures

determined by the Director to be

necessary for support of the authorized

activities of the lessee and otherwise to

be consistent with the protection and

purposes of the park area. Approval by

the Director of new construction may

only be granted if the Director makes the

determinations required by § 18.4.

(j) All leases entered into under this

part shall contain appropriate

provisions to the requiring that: Any

improvements to or demolition of leased

property to be made by the lessee may

be undertaken only after receipt of

written approval from the Director; that

any improvements to or demolition of

historic property may only be approved

if the Director determines that the

improvements or demolition complies

with the Secretary of the Interior’s

Standards for the Treatment of Historic

Properties (36 CFR Part 68); any

improvements made by a lessee shall be

the property of the United States; and

the lessee has no right of compensation

for any real property improvements the

lessee may make under the terms of the

lease upon lease termination or

expiration or otherwise.

(k) All leases entered into under this

part shall contain appropriate

provisions that describe and limit the

type of activities that may be conducted

by the lessee on the leased property.

The types of activities described in a

lease may be modified from time to time

with the approval of the Director

through an amendment to the lease. The

Director may approve modified

activities only if the determinations

required by § 18.4 remain valid under

the proposed modified activities and the

proposed activities are otherwise

determined appropriate by the Director.

(l) Leases entered into under this part

may contain provisions authorizing the

lessee to pledge or encumber the lease

as security, provided that any pledge or

encumbrance of the lease and the

proposed holder of the pledge or

encumbrance must be approved in

advance by the Director and that a

pledge or encumbrance may only grant

the holder the right, in the event of a

foreclosure, to assume the

responsibilities of the lessee under the

lease or to select a new lessee subject to

the approval of the Director. Pledges or

encumbrances may not grant the holder

the right to alter or amend in any

manner the terms of the lease.

(m) All leases entered into under this

part will contain provisions stating to

the effect that fulfillment of any

obligations of the government under the

lease is subject to the availability of

appropriated funds. No lease issued

under authority of this part shall entitle

the lessee to claim benefits under the

Uniform Relocation Assistance Act of

1970 (Pub. L. 91–646). All leases

entered into under the authority of this

part shall require the lessee to waive

any such benefits. All leases entered

into under this part shall contain

provisions granting the Director and the

Comptroller General access to the

records of the lessee as necessary for

lease administration purposes and/or as

provided by applicable law.

§ 18.13 Have information collection

procedures been followed?

(a) As required by 5 CFR 1320.8(d)(1),

NPS is soliciting public comments as to:

Whether the collection of information is

necessary for the proper performance of

the functions of the bureau, including

whether the information will have

practical utility; the accuracy of the

bureau’s estimate of the burden of the

collection of information, including the

validity of the methodology and

assumptions used; the quality, utility,

and clarity of the information to be

collected; and how to minimize the

burden of the collection of information

on those who are to respond, including

the use of appropriate electronic,

mechanical, or other forms of

information technology. A federal

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.

(b) The public reporting burden for

the collection of information for the

purpose of preparing a bid or proposal

in response to a lease solicitation is

estimated to average 40 hours per large

proposal and 20 hours for small

proposals or bids. Please send

comments regarding this burden or

estimate or any other aspect of this

collection of information, including

suggestions for reducing the burden, to

the Information Collection Officer,

National Park Service, 1849 C Street,

Washington, DC 20240; and to the

Attention: Desk Officer for the Interior

Department, Office of Information and

Regulatory Affairs, Office of

Management and Budget, Washington,

DC 20503.

Dated: May 30, 2000.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 00–30866 Filed 12–11–00; 8:45 am]

BILLING CODE 4321–70–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[Docket WA–00–01; FRL–6915–5]

Clean Air Act Reclassification; Wallula,

Washington Particulate Matter (PM10)

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA or we).

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: EPA is reopening the public

comment period on EPA’s notice of

proposed rulemaking ‘‘Clean Air Act

Reclassification; Wallula, Washington

Particulate Matter (PM10) Nonattainment

Area,’’ published on November 16, 2000

at 65 FR 69275. The original comment

period closed on December 1, 2000. The

new comment period will begin today

and end on December 27, 2000. EPA is