[Federal Register Volume 77, Number 121 (Friday, June 22, 2012)]
[Notices]
[Pages 37708-37709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15239]
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DEPARTMENT OF THE INTERIOR
National Park Service
[NPS-WASO-TPS-9445: 2200-686]
Notice of Intent To Modify Schedule of Fees for Reviewing
Historic Preservation Certification Applications
AGENCY: National Park Service, Interior.
ACTION: Notice; Request for public comment.
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SUMMARY: This notice alerts the public to proposed changes to the fees
the National Park Service (NPS) charges for reviewing Historic
Preservation Certification Applications. The current fees were set in
1984 and have not been changed since then.
DATES: Written comments will be accepted until July 23, 2012.
ADDRESSES: You may submit comments by any of the following methods:
email: michael_auer@nps.gov; fax: 202-371-1616, Attention: Michael
Auer Mail: Michael Auer, Technical Preservation Services, National Park
Service, 1201 ``Eye'' St. NW., Org Code 2200, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Brian Goeken, Chief, Technical
Preservation Services, National Park Service, 1849 C St. NW., Org Code
2255, Washington, DC 20240, or email: brian_goeken@nps.gov, or
telephone at 202-354-2033.
SUPPLEMENTARY INFORMATION:
Background
The NPS charges fees for reviewing certification applications for
Federal tax incentives contained in Section 47 of the Internal Revenue
Code (referred to herein as ``Historic Preservation Certification
Applications''). The fees have not been changed since 1984, despite the
increased costs to the government of administering the Historic
Preservation Tax Incentives Program. Current fees do not cover the full
costs of administering the program.
What is the authority for this action?
The authority for this action is title V of the Independent Offices
Appropriations Act (IOAA) of 1952, codified at 31 U.S.C. 9701, which
authorizes the head of a federal agency to ``prescribe regulations
establishing the charge for a service or thing of value provided by the
agency.'' Id. Sec. 9701(b). Each charge must be fair and must be based
on the costs to the Government, the value of the service or thing to
the recipient, public policy, and other relevant facts. Id. Sec.
9701(b)(2); see also OMB Circular A-25 and 36 CFR 67.11(a).
Why is the NPS adjusting fees at this time?
The fee schedule established in 1984 expressed the fees in fixed
dollar amounts and did not contain provisions for adjusting the fees
over time. This method contrasts with the now-standard Government
practice of establishing and revising fees in periodic Federal Register
notices, pursuant to the IOAA and OMB Circular A-25. Accordingly, the
NPS published a final rulemaking, effective June 27, 2011, which stated
that ``Fees are charged for reviewing certification requests according
to the schedule and instructions provided in public notices in the
Federal Register by NPS.'' 36 CFR 67.11(a) (2011). This rule authorizes
the NPS to make the changes it now proposes.
In planning to revise fees, the NPS studied its direct and indirect
costs associated with the review of Historic Preservation Certification
Applications. The NPS found that the 1984 fee schedule does not cover
these costs. The current fee schedule therefore fails to meet the IOAA
objective that agencies such as the NPS establish fees for specific
services provided to identifiable recipients such that the service
provided may be ``self-sustaining to the extent possible.'' 31 U.S.C.
9701(a).
The NPS also studied application fees charged by State governments
under similar State historic preservation tax credit programs, as well
as fees charged
[[Page 37709]]
by local governments for review of development projects. On the basis
of this comparison, the NPS concluded that its fees were not comparable
to fees charged by other governmental agencies for similar services.
Accordingly, the NPS proposes to charge fees for reviewing Historic
Preservation Certification Applications as set forth in the schedule
and instructions appearing below. The proposed fees are projected to be
less than the direct costs of the program, but would be at a higher
percentage of direct and indirect costs than the 1984 fee structure.
When will the NPS implement the new fee schedule?
The NPS intends to implement this proposed schedule, and initiate
collection of the fees set forth herein, as soon as practicable
following the expiration of a 30-day public comment period following
this notice's publication in the Federal Register and after the NPS has
had the opportunity to fully consider any public comments received. The
NPS will publish in the Federal Register a notice providing the newly
established fee schedule.
Public Participation
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.
Fee Schedule Information
Fees will be charged for reviewing Historic Preservation
Certification Applications in accordance with the schedule appearing
below. The NPS will continue to charge part of the overall fee at the
time the Part 2--Description of Rehabilitation, describing a proposed
rehabilitation, is received by the NPS and the remainder of the fee
when the Part 3--Request for Certification of Completed Work is
received. However, the Part 2 fee will now be one-half of the overall
fee, rather than the current flat fee of $250. This allocation of the
fee will better reflect the true cost to the Government of reviewing
Part 2 applications describing proposed rehabilitations, inasmuch as
reviewing Part 2 applications and amendments describing proposed
rehabilitations consumes much more staff time than reviewing the Part 3
applications for completed work. Additionally, a number of applicants
never submit a Part 3 describing completed rehabilitation work. In such
cases, the portion of the review fee represented by the balance of the
Part 2 work is never recovered by the NPS.
The 1984 fee schedule set fixed fees of $500, $800, $1,500, and
$2,500 for projects of $20,000 or more, grouped into four project size
categories, with $2,500 being the maximum fee for projects $1,000,000
and above. In contrast, the new fee schedule sets the fee for projects
$50,000 and above at $800 plus 0.15% (0.0015) of project costs over
$50,000, with a maximum fee of $6,500 for projects $3,850,000 and
above. The new schedule thus better reflects that review costs
generally increase as projects increase in size. The new schedule
charges no fee for projects under $50,000.
The new fee schedule applies only to new applications received by
State Historic Preservation Offices after the effective date of this
fee schedule. Part 3 applications describing completed work in
previously reviewed Part 2 applications will be charged according to
the schedule in effect at the time the Part 2 was reviewed.
Fee Schedule
Fees will be charged for reviewing certification applications in
accordance with the schedule below. Applicants should make no payment
until requested to do so by the NPS. A certification decision will not
be issued on an application until the appropriate remittance is
received. Fees are nonrefundable.
Application review fees (rounded to the nearest dollar) are based
on the applicant's estimated rehabilitation costs (defined as
``Qualified Rehabilitation Expenditures'' or ``QREs,'' pursuant to
section 47 of the Internal Revenue Code).
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Cost of rehabilitation Fee
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Current Fee Schedule
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$0-$19,999............................... $0.
$20,000-$99,999.......................... $500.
$100,000-$499,999........................ $800.
$500,000-$999,999........................ $1,500.
$1,000,000 or more....................... $2,500.
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Proposed Fee Structure
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$0-$49,999............................... $-0-.
$50,000-$3,849,999....................... $800 + 0.15% (0.0015) of
rehabilitation costs over
$50,000.
$3,850,000 or more....................... $6,500.
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1. The application review fee will, upon request by the NPS, be
payable one-half upon NPS receipt of a Part 2--Description of
Rehabilitation, and one-half upon NPS receipt of a Part 3--Request for
Certification of Completed Work.
2. If the estimated rehabilitation costs reported on the Part 3 are
lower than those reported on the Part 2 previously submitted, then the
Part 3 portion of the application review fee will be based on the costs
reported on the Part 3. No refund of the Part 2 fee difference--if
any--will be made.
3. If the estimated rehabilitation costs reported on the Part 3
application are higher than those reported on the Part 2 previously
submitted, then the Part 3 portion of the fee will be 100% of the
review fee less the Part 2 portion of the fee previously paid.
4. If Part 2 and Part 3 applications are received at the same time,
the application review fee will be assessed on the estimated
rehabilitation costs reported on the Part 3.
5. For a project involving multiple buildings that were
functionally related historically pursuant to 36 CFR 67, the
application review fee will be based on the estimated rehabilitation
costs of the entire project.
6. For a phased project pursuant to 36 CFR 67, the application
review fee will be based on the total estimated rehabilitation costs
for all phases.
7. Projects requiring submittal of a new Part 2 application will be
assessed an application review fee equal to the fee for a new Part 2
application. No refunds or credits toward the new application will be
issued for the fees paid for the prior Part 2 application.
Dated: April 26, 2012.
Jonathan B. Jarvis,
Director, National Park Service.
[FR Doc. 2012-15239 Filed 6-21-12; 8:45 am]
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