graphic workshops sponsored by the Best's Studio, another Park concession, teaching photographic techniques under the auspices of world-famed photographer and Yosemite specialist. Ansel Adams. These workshops are not considered as conventions. They are regarded one of the quality special services offered to Park visitors in keeping with the finest of Yosemite traditions. They involve a relatively small number of accommodations and people and are regarded as an entirely appropriate form of park use. It is believed the Committees are already familiar with the situation regarding the so-called Winter Wine Festival booked for January 17-19, 1975. This was brought to the attention of the Superintendent too late to be cancelled. However, this unfortunate situation was brought to the attention of the concessioner, letter attached. The reply from the concessioner is also attached. In connection with their review of the convention schedule, the Yosemite staff is presently developing more specific guidelines on this activity, which will be submitted to the Service for policy review. This will suggest a more specific definition of the "season of heavy vacation travel" as well as clarification of the policy to holiday periods and to special events. Guidelines for establishing group meeting limitations based upon occupancy records of available accommodations will also be explored. In addition, a strong statement of national policy is in the process of being reissued from the Washington Office. Mr. EDWARD C. HARDY, Yosemite Park & Curry Co., Yosemite National Park, Calif. DECEMBER 9, 1974. DEAR ED: We received your announcement of the "Ahwahnee Winter Wine Festival" to be held January 17 through January 19, 1975. While such special events are not specifically prohibited by your contract or Service policy, it does seem that in view of all the adverse publicity of the last few months that the appropriateness of this event might have been questioned. I think you would be well advised to screen special events and meetings more carefully to insure, insofar as possible, that they are more in keeping with the philosophy and purposes of this great National Park. I can readily understand your desire to attract such use during the "off season," however, I would suggest that you consider the opportunities that might be available by working more closely with organizations, agencies, professional groups, etc., whose activities are more closely related to the deeper meanings and purposes of Yosemite. It seems to me that meetings and special events of such park-related groups could be of significant benefit to both the Park and to the Curry Company. While I have some reservations about the Wine Festival, I understand promotional materials are already distributed and the affair is completely reserved already. Under these circumstances, it is approved. I would draw your attention to the fact that the Vintner's Fest announcement reached my desk indirectly, without prior notification that such an event was even planned. We are both aware that announcements are necessary to acquaint the public with the facilities and services available; however, distribution of information involving new events without prior approval, opens the door to possible rejection and undue embarrassment if the event could not be supported by cost or comparability data. It might be appropriate to review with your staff these procedures before planning future special events. If you have any further questions concerning this rate approval, please do not hesitate to call us. Sincerely yours, LESLIE P. ARNBERGER, DECEMBER 5, 1974. To: L. L. Branscum and Phil Parker, Visitor Services, N.P.S. From: George Spach. Re: Winter Wine Festival. The following is an outline of direct costs related to festivities for the Winter Wine Festival: Paint and materials: dining room decoration-- Labor for artwork (20 days at $25/day, Jeffrey Scott) 5 days secretarial labor; reservations and activities material. Speaker's honorarium (Leon Adams). Yosemite tasting cup souvenirs_-_. Special dinner menu printing---. Complimentary space for winery participants (14 persons, including meals) Total $400 500 125 300 350 200 700 2,575 ΜΕΜΟ To: George Spach, Bill Mazzeo, Elizabeth Shepard. From: Jeff Scott. Date: December 2, 1974. Subject: Wine List-1975 Winter Wine Festival Banquet. For your records, the following wines have been selected to accompany the "Vintner's Fest" banquet on January 18, 1975: Filet of Sole Marguery: Muscadet de Sevre et Maine, Reserve Julien Landron, Metairaeu, 1972. Filet of Beef Wellington: (Sterling Vineyards Cabernet Sauvignon, 1971)?; Sterling Vineyards Cabernet Sauvignon, 1969; Clos Vougeot, Grivot, 1964. Salade Nicoise: Batard Montrachet, Ponnelle, 1964. Crepes Georgette: Chateau de la Fresnaye, Coteaux du Layon, 1967; Chateau Caillou, Barsac, 1967. These wines should be poured in the order listed. Both vintages of the Sterling Cabernet should be served at the same time; likewise with the Chateau de la Fresnaye and the Chateau Caillou. Approximately 2,275 crystal wine glasses will be needed for this dinner alone. If these wines were offered from our regular wine list at the prevailing rates, the approximate value would be $12.00 per person, not including gratuities. C. These instructions are not to be construed as restrictive. If any other difficulty or question occurs, it should be investigated thoroughly. Any questions or comments should be referred to the attention of Concessions Management. Memorandum: U.S. DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, Washington, D.C., April 2, 1973. To: Directors, Midwest, Northeast, Pacific Northwest, Southeast, Southwest and Western Regions, and National Capital Parks. From: Assistant Director. Subject: Denial of requests for financial information. The Service has from time to time been requested to furnish or make available financial information submitted by concessioners. As you know, financial information on concessioners is to be treated in strict confidence and is not to be disclosed to anyone unless specifically authorized by law. We have recently received from the Solicitor's Office, language which must be used in responding to requests for financial information. A copy of the language to be used in responding to such requests is enclosed. LAURENCE C. HADLEY. THIS LANGUAGE MUST BE USED IN DENIALS OF REQUESTS FOR FINANCIAL INFORMATION We regret that we are unable to furnish information as to concessioner's earnings because under the fourth exemption of the Freedom of Information Act, 5 U.S.C. § 552 (b)(4) (1974) this information is considered "commercial or financial information obtained from a person and privileged or confidential". See: National Parks and Conservation Association v. Morton, 351 F. Supp. 409 (D.D.C. 1972). In addition, we have consistently refused disclosure of this information in view of the expressed Congressional policy that confidential information should not be released by employees of the United States. See: 18 U.S.C. § 1905 (1970). Pursuant to 43 Code of Federal Regulations § 2.2(b) (1972) we are informing you that an applicant may appeal from a determination that a record is not available for inspection to the Solicitor of the Department of the Interior. Mr. VICTOR H. KRAMER, JUNE 28, 1973. Director, Institute of Public Interest Representation, Georgetown University Law Center, Washington, D.C. DEAR MR. KRAMER: Your letter of December 29, 1972, enclosed a Petition for rule making together with proposed rules for the Concessions Management functions of the National Park Service and for the establishment of citizen advisory commissions. The National Park Service has reviewed the Petition carefully and with considerable interest. We have considered the overall import of your proposals for rules both strategically and from a tactical administrative point of view. We interpret the basic thrusts of your petition to be to construct a means by which the public may be provided additional opportunities for meaningful input in the concessions contracting sequences; and additionally to bring to the forefront the overriding environmental considerations of park resource protection in this sequence. We have mutual goals in this regard but we may have differing views of how to attain these goals. To bring into clearer focus the National Park Service's existing policies and administrative procedures we wish to clearly state that the public does have a vital role to play in our decision making process and that the public is consulted and the public's views are given consideration. The concessions contracting and renewal sequence are a part of the "last mile" of implementing decisions that have been developed through our master planning process. The contracting sequence is not where the essential far-reaching decisions and search for alternatives take place. It is the master planning process where public input is formally and informally sought and considered by the National Park Service master plan teams. It is in the master planning process when all the concession planning alternatives are examined and the public is afforded the opportunities for input. New concessions are not proposed unless they have been identified in an approved plan. Public input at a much later time during the contract sequence, as you sug gest, is out of place, as the primary direction and type of concession, or even whether there is or is not to be a concession are already decided during the master planning sequence. We also should explain our additional reluctance to implement sweeping changes in concessions management policies and administration. At this time there are several in-depth, on-going, studies of concession policies and administration in progress. These include a study by the Secretary of the Interior's Advisory Board on National Parks, Historic Sites, Buildings and Monuments (a citizen's advisory group), and a study by the Small Business Administration at the request of the Senate Select Committee on Small Business which is a part of a larger study of Small Business Enterprises in Outdoor Recreation and Tourism by the Committee. This study includes a detailed study of conces sions in the areas of the National Park System. The National Park Centennial Commission also has under consideration for development of final recommendations to the National Park Service, the Conservation Foundation Report, National Parks for the Future, which contains broad concessions policy recommendations. In light of these broad based studies we do not feel that it would be appopriate to implement changes in the concessions management program such as those in your petition. When all of the above studies are completed and we have received the recommendations of each we will analyze them, along with your recommendations, to determine how best to strengthen the concessions management program. With regard to your recommendation concerning the establishment of unit advisory committees for individual areas of the National Park System, we do not believe that the establishment of such a large number of committees (for 298 areas) would provide benefits which would justify the required expenditures of funds and manpower. The National Park Service developed the concept of regional advisory committees in order to provide for citizen input and advice on policies affecting the National Park Service regions, in a reasonable manner which would avoid duplicative and wasteful proliferation of advisory groups. Subsequently, the enactment of the Federal Advisory Committee Act, P.L. 92-463, indicates a Congressional intent to restrict the proliferation of advisory groups within the Executive Branch. We would also point out that numerous groups having an interest in particular Park System areas submit their views to the Superintendents without the formality of an advisory committee. These views have always been welcomed, and will continue to be welcomed in the future. We reviewed your proposed regulations regarding the disclosure of financial interests by National Park Service Personnel in concession operations and would like to point out that there are presently regulations on this subject. The regu lations of the Department of the Interior require that National Park Service personnel having supervisory responsibilities over the granting of concession contracts disclose their financial interests. See, 43 Code of Federal Regulations, Part 20 and Appendix. For the several reasons which we explained above, we will not implement sweeping changes in our concessions management program at this time and therefore must deny your petition. Sincerely yours, RAYMOND L. FREEMAN, Memorandum: U.S. DEPARTMENT OF THE INTERIOR, To: Director, National Park Service. From: Assistant Solicitor, Parks and Recreation. Subject: National Parks and Conservation Association v. Morton-Disclosure of concessioner financial information. Enclosed is a copy of the Court of Appeals decision in the subject case, in which the Court remanded this matter to the district court for further proceedings. A very limited number of reservations are available for the "Vintner's Fest" alone, at $40 per person including wine and gratuities. Add 6% tax to all above rates. YOSEMITE, January 2, 1975. Mr. LESLIE ARNBERGER, Superintendent, National Park Service, Yosemite National Park, Calif. DEAR LES: The Winter Wine Festival plans are progressing nicely thanks to your considered approval expressed in your letter of December 9, 1974. I apologize to you for not following the normal procedure of reviewing and receiving approval for all activities before they are planned or announced. Please be confident that you have my complete cooperation and in the future I will communicate with you in advance. While I accept the responsibility for this planning process not following the normal procedure, I thought you might be interested in the background leading to the birth of the Winter Wine Festival. Investigation has revealed that this activity was first designed by Yosemite Park and Curry Co.'s Hotel Division in 1972. The planning and approval circumvented my office and executive staff. Quite frankly, this one got away from us. The appropriate people have been re-educated, and I feel confident that the chance of a similar error is minimal. The first knowledge we had of the activity was after the brochures were mailed. In response to your query of George Spach on December 20 regarding reservations, I hope the following information is adequate. If you desire additional information, please call me. The event was not sold out within three days but appears to be a very popular function. Of the 121 Ahwahnee rooms, 115 will be occupied by people participating in the event. The additional five rooms will be occupied by non-participants. Of the guests participating in the event, 54 rooms will be occupied by repeat visitors to The Ahwahnee. Once again, please accept my apologies and be assured that all such events will be discussed with you in the future before any action is taken. Sincerely, EDWARD C. HARDY, U.S. DEPARTMENT OF THE INTERIOR, Mr. JAY STEIN, President, Yosemite Park & Curry Co., NATIONAL PARK SERVICE, San Francisco, Calif., January 3, 1975. DEAR MR. STEIN: As you know, the subject of booking and handling of convention groups in National Park concession facilities has received considerable attention lately and is of much concern to us all. We are particularly concerned with the recent activities and promotion of such use by the Yosemite Park and Curry Company, and the sharp adverse reaction it has received. In some instances, booking of such groups reduces the availability of accommodations to the point that bonafide park visitors are deprived of services that should properly be available to them. It is imperative that we keep in mind that the services and facilities provided by the concessioners under contracts with the Secretary of the Interior shall be available first, to all park visitors when open to the general public, and that booking of special-use groups must never in any way exclude or impair services to the general visiting public. For example, dining room service may not be reserved for a special group to the exclusion of such services to the general visitor. Accordingly, we are emphasizing to you the long-standing National Park Service policy that provides the use of concession facilities for conventions and other similar group-type meetings should be regulated to assure that such use does not interfere with other visitor use. Convention type use of overnight accommodations and related services shall be confined to off-season periods and |