Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18621

Dated: April 16, 1996.

William K. Stowers,

Lands Team Lead.

[FR Doc. 96–10327 Filed 4–25–96; 8:45 am]

BILLING CODE 4310–HC–P

National Park Service

Revision of Handcraft Exemption

Policy

AGENCY: National Park Service, Interior.

ACTION: Revision of Policy on the

Exemption of Handcraft Sales from

Franchise Fee Calculation.

SUMMARY: The National Park Service

(NPS) authorizes private businesses

known as concessioners to provide

necessary and appropriate visitor

facilities and services in areas of the

National Park System. NPS is

undertaking a review of its policies

concerning concession management

activities. Pending completion of a full

review, NPS has amended its policy

regarding the exemption of gross

receipts from the sale of United States

Indian and native handicrafts from

franchise fee calculations.

EFFECTIVE DATE: April 26, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert Yearout, Chief, Concession

Program Division, National Park

Service, P.O. Box 37127, Washington,

D.C. 20013–7127, Tele. (202) 343–3784.

SUPPLEMENTARY INFORMATION: On

January 17, 1995, the National Park

Service published for public comment

in the Federal Register proposed

amendments to certain concession

policies. Two of these policy

amendments were adopted under

separate notice published on July 20,

1995. The remaining policy amendment

proposed to eliminate the exemption

from franchise fee computation of gross

receipts from the sale of Native

American handicrafts. In reviewing

comments received on this proposal,

NPS noted that the notice incorrectly

limited this exclusion to Native

American handicrafts, although the

Standard NPS Concession Contract

refers to ‘‘genuine United States Indian

and native handicraft.’’ Because this is

a much broader category than indicated

in the January 17, 1995, Federal

Register notice, NPS published a

revised policy amendment for comment

in the Federal Register of July 20, 1995.

NPS received 23 comments

concerning its proposal to eliminate the

handcraft exemption from gross receipts

for the purpose of franchise fee

calculation. Ten of these comments

came from NPS concessioners or

associated companies, 2 from

associations representing groups of NPS

concessioners, one from an interested

environmental organization, one from

an Indian Tribe, one from a State

agency, one from an individual, and 7

from craftspersons or groups

representing craftspersons.

Analysis of Comments

The following is an analysis of the

comments received on the policy

proposal NPS is adopting under this

notice.

Sixteen commenters felt that

elimination of the franchise fee

exemption would diminish the extent to

which handcrafts are marketed and sold

within the parks, or that elimination of

the exemption reflects a departure from

a long-established objective of NPS to

encourage handcrafts and merchandise

appropriate to the park and region. One

of these commenters felt that NPS

should continue to do everything

possible to continue to promote the sale

of Native American handcrafts in the

parks. Elimination of the exemption

does not change the NPS objective of

encouraging handcrafts and

merchandise appropriate to the park

and region. It is important to note that

this policy revision is prospective in

nature. Existing contracts which provide

for the exemption will not be affected by

this policy change. However, new

contracts will contain a provision

requiring that concessioners implement

a plan to assure that all gift merchandise

is theme oriented specifically to the

park in which they operate. A wide

range of specific local themes such as

geology, wildlife, plant life,

archaeology, applicable local or Native

American culture, and themes which

enhance the idea of conservation and

national park values will be used to

establish the types of merchandise to be

sold. NPS believes that this is a more

positive approach to assuring that

appropriate merchandise of all types is

offered for sale within the parks than

simply exempting gross receipts from

the sale of certain items from franchise

fees. This approach was also supported

by one commenter, who felt that

concessioners should be encouraged to

sell native handcrafts through other

means.

Two commenters suggested that NPS

should strengthen its policy by

providing more attention to enforcement

and implementation, by narrowing the

scope of the exemption to encourage the

sale in particular parks of genuine

handcrafts native to their regions, and

by prohibiting the sale, outright, of

imitation arts and crafts within the

national parks. Again, NPS feels that its

planned approach to the sale of

merchandise, including handcrafts, will

accomplish these objectives to a much

greater extent than the exemption has in

the past.

Nine commenters expressed concern

that elimination of the exemption may

result in less sales of handcrafts, and

that gains in franchise fees may be offset

by increased costs in entitlement

programs for craftspersons who lose

sales. They also expressed concern

about the effect this might have on

artisans in rural communities. NPS

intends to take an increased proactive

role in encouraging the development

and sale of theme-related handcrafts

within the parks, and does not

anticipate that the sale of handcrafted

items will be significantly reduced or

eliminated as a result of eliminating the

exemption. Rather, the emphasis that

will be placed on merchandise

thematically related to the park and its

resources is likely to increase the sale of

handcrafts and related items in most

areas.

Three commenters indicated that they

felt that NPS efforts to extend franchise

fees to concessioner sales from facilities

outside the parks would be illegal.

Elimination of the exemption has no

effect on operations outside of park

boundaries, and NPS does not intend to

extend franchise fees to sales from

facilities outside the parks.

One commenter stated that finding

quality handcrafts and the individual

selection required is costly and timeconsuming, and that the proposal will

penalize concessioners who endeavor to

present the finest of American

workmanship to park visitors. NPS

believes that, in most cases,

concessioners have already identified

and selected sources for handcrafted,

theme-related items and, consequently,

the costs associated with finding

suppliers of appropriate handcraft items

have been incurred while the exemption

was still in effect. As indicated

previously, existing contracts which

permit the exemption will not be

affected by this policy change, and new

contracts will provide for a more

proactive approach to assuring that

merchandise offered for sale is related to

the park theme. Accordingly, existing

concessioners will have the remainder

of their existing contract terms with the

exemption still in effect to refine their

handcraft purchasing strategies.

Finally, one commenter suggested

that NPS should postpone policy

changes in view of the legislative

proposals currently under consideration

by the Congress. NPS disagrees, as none

of these legislative proposals would

directly affect this policy revision.
18622 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

In consideration of the foregoing, the

exclusion of gross receipts from the sale

of United States Indian and native

handicrafts for purposes of franchise fee

calculation is hereby eliminated from

NPS Management Policies, Chapter 10,

Section 9(d)(1) of the standard

concession contract language and

Chapters 24 and 28 of NPS–48, the

Concessions Guideline.

Dated: April 8, 1996.

John Reynolds,

Director, National Park Service.

[FR Doc. 96–10312 Filed 4–25–96; 8:45 am]

BILLING CODE 4310–70–M

Delaware Water Gap National

Recreation Area Citizens Advisory

Commission Meeting

AGENCY: National Park Service, Interior.

ACTION: Notice of meeting.

SUMMARY: This notice announces three

upcoming meetings of the Delaware

Water Gap National Recreation Area

Citizens Advisory Commission. Notice

of these meetings is required under the

Federal Advisory Committee Act (Pub.

L. 92–463).

Meeting Date and Time: Thursday, June 6,

1996 at 7:00 p.m.

Address: Walpack Church, Walpack Center

NJ 07881.

Meeting Date and Time: Thursday,

September 5, 1996 at 7:00 p.m.

Address: Bushkill School, Bushkill PA

18324

Meeting Date and Time: Saturday, January

11, 1997 at 9:00 a.m.

Address: Walpack Church, Walpack Center

NJ 07881.

Snow Date: January 18, 1997 at 9:00 a.m.

The agenda for the meeting consists of

reports from Citizen Advisory

Commission committees including: ByLaws, Natural Resources, Recreation,

Cultural and Historical Resources,

Intergovernmental and Public Affairs,

Construction and Capital Project

Implementation, as well as Special

Committee Reports. Superintendent

Roger K. Rector will give a report on

various park issues.

SUPPLEMENTARY INFORMATION: The

Delaware Water Gap National

Recreation Area Citizens Advisory

Commission was established by Public

Law 100–573 to advise the Secretary of

the Interior and the United States

Congress on matters pertaining to the

management and operation of the

Delaware Water Gap National

Recreation Area, as well as on other

matters affecting the Recreation Area

and its surrounding communities.

The meeting will be open to the

public. Any member of the public may

file a written statement concerning

agenda items with the Commission. The

statement should be addressed to The

Delaware Water Gap National

Recreation Area Citizens Advisory

Commission, P.O. Box 284, Bushkill, PA

18324. Minutes of the meeting will be

available for inspection four weeks after

the meeting at the permanent

headquarters of the Delaware Water Gap

National Recreation Area located on

River Road 1 mile east of U.S. Route

209, Bushkill, Pennsylvania.

FOR FURTHER INFORMATION CONTACT:

Superintendent, Delaware Water Gap

National Recreation Area, Buchkill, PA

18324, 717–588–2418.

Dated: April 16, 1996.

Warren D. Beach,

Associate Field Director, Northeast Field

Area.

[FR Doc. 96–10309 Filed 4–25–96; 8:45 am]

BILLING CODE 4310–10–M

Upper Delaware Scenic and

Recreational River Citizens Advisory

Council

AGENCY: National Park Service, Interior.

ACTION: Notice of meeting.

SUMMARY: This notice sets forth the date

of the meetings of the Upper Delaware

Citizens Advisory Council for calendar

year 1996.

Dates Type of meeting ‘‘Rain’’ date Address

Apr. 9, 1996 .............. Business ........... None ........... NPS Resource Management Office, River Road, Milanville, Pennsylvania.

June 11, 1996 ........... Business ........... None ........... NPS Headquarters, River Road, Beach Lake, Pennsylvania.

Sept. 10, 1996 ........... Business ........... None ........... NPS Headquarters, River Road, Beach Lake, Pennsylvania.

Nov. 12, 1996 ............ Business ........... None ........... Zane Grey House and Museum, Delaware Drive, Lackawaxen, Pennsylvania.

Press Releases containing specific

information regarding the subject of

each meeting, as well as special

informational programs, will be

published in the following area

newspapers:

The Sullivan County Democrat

The Times Herald Record

The River Reporter

The Tri-state Gazette

The Pike County Dispatch

The Wayne Independent

The Hawley News Eagle

The Weekly Almanac

Announcements of cancellation due

to inclement weather will be made by

radio stations WDNH, WDLC, WSUL,

WJFF and WVOS.

FOR FURTHER INFORMATION CONTACT:

Calvin F. Hite, Superintendent; Upper

Delaware Scenic and Recreational River,

RR2, Box 2428, Beach Lake PA 18405–

9737; 717–729–8251.

SUPPLEMENTARY INFORMATION: The

Advisory Council was established under

section 704 (f) of the National Parks and

Recreation Act of 1978, Public Law 95–

625, 16 USC s1724 note, to encourage

maximum public involvement in the

development and implementation of the

plans and programs authorized by the

Act. The Council is to meet and report

to the Delaware River Basin

Commission, the Secretary of the

Interior, and the Governors of New York

and Pennsylvania in the preparation

and implementation of the management

plan, and on programs which relate to

land and water use in the Upper

Delaware Region.

All meetings are open to the public.

Any member of the public may file with

the Council a written statement

concerning agenda times. The statement

should be addressed to the Upper

Delaware Citizens Advisory Council,

P.O. Box 84, Marrowsburg, NY 12764.

Minutes of the meeting will be available

for inspection four weeks after the

meeting, at the permanent headquarters

of the Upper Delaware Scenic and

Recreational River; River Road, 13⁄4

miles north of Narrowsburg, New York;

Damascus Township, Pennsylvania.

Dated: April 16, 1996.

Warren Beach,

Assistant Field Director, Northeast Field Area.

[FR Doc. 96–10310 Filed 4–25–96; 8:45 am]

BILLING CODE 4310–70–M

Availability of Plan of Operations;

Mining Operation; Jo Claim Group;

Death Valley National Park; Inyo & San

Bernardino Counties, CA and

Esmeralda & Nye Counties, NV

Notice is hereby given in accordance

with Section 9.17(a) of Title 36 of the

Code of Federal Regulations, Part 9,

Subpart A, that the National Park