31234 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Proposed Rules

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 2930, 3800, 8340, 8370,

8560 and 9260

[WO–250–1220–PA–24 1A]

RIN 1004–AD25

Permits for Recreation on Public

Lands

AGENCY: Bureau of Land Management,

Interior.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

update the regulations of the Bureau of

Land Management (BLM) that tell how

to obtain recreation permits for

commercial recreational operations,

competitive events and activities,

organized group activities and events,

and individual recreational use of

special areas. It would establish a new

system for determining costs for

reimbursement to BLM, helping to

ensure a fair return to the public for

special uses of the public lands. It

would add new regulations on how to

obtain Recreation Use Permits for fee

areas, such as campgrounds, certain day

use areas, and recreation-related

services.

The BLM also intends the rule to meet

the policy goal of reorganizing the

regulations in a more systematic way.

The proposal would relocate the

regulations to the subchapter dealing

with other land use authorizations,

reorganize them into an order that flows

more logically, and simplify the

language.

The proposed rule is needed for

several reasons. First, it is needed to

emphasize and highlight the cost

recovery requirements for issuing

recreation permits. Second, it is

necessary to update BLM regulations to

reflect changes over the last 15 years in

recreational activities and large-scale

events. Third, it is needed to provide

guidance and standards for use of

developed recreation sites.

DATES: You should submit your

comments by July 17, 2000. BLM will

not necessarily consider comments

postmarked or received by messenger or

electronic mail after the above date in

the decisionmaking process on the

proposed rule.

ADDRESSES: Mail: Director (630), Bureau

of Land Management, Administrative

Record, Room 401 LS, 1849 C Street,

NW, Washington, DC 20240.

Personal or messenger delivery: Room

401, 1620 L Street, NW, Washington, DC

20036.

Internet e-mail:

WOComment@blm.gov. (Include ‘‘Attn:

AD25’’.)

FOR FURTHER INFORMATION CONTACT: Lee

Larson at (202) 452–5168 as to the

substance of the proposed rule, or Ted

Hudson at (202) 452–5042 as to

procedural matters. Persons who use a

telecommunications device for the deaf

(TDD) may contact either individual by

calling the Federal Information Relay

Service (FIRS) at (800) 877–8339, 24

hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

II. Background

III. Discussion of Proposed Rule

IV. Procedural Matters

I. Public Comment Procedures

A. How Do I Comment on the Proposed

Rule?

If you wish to comment, you may

submit your comments by any one of

several methods.

• You may mail comments to Director

(630), Bureau of Land Management,

Administrative Record, Room 401 LS,

1849 C Street, NW, Washington, DC

20240.

• You may deliver comments to

Room 401, 1620 L Street, NW,

Washington, DC 20036.

• You may also comment via the

Internet to WOComment@blm.gov.

Please submit Internet comments as an

ASCII file avoiding the use of special

characters and any form of encryption.

Please also include ‘‘Attn: AD25’’ and

your name and return address in your

Internet message. If you do not receive

a confirmation that we have received

your Internet message, contact us

directly at (202) 452–5030.

Please make your comments on the

proposed rule as specific as possible,

confine them to issues pertinent to the

proposed rule, and explain the reason

for any changes you recommend. Where

possible, your comments should

reference the specific section or

paragraph of the proposal that you are

addressing.

BLM may not necessarily consider or

include in the Administrative Record

for the final rule comments that BLM

receives after the close of the comment

period (see DATES) or comments

delivered to an address other than those

listed above (see ADDRESSES).

B. May I Review Comments Submitted

by Others?

Comments, including names and

street addresses of respondents, will be

available for public review at the

address listed under ADDRESSES:

Personal or messenger delivery during

regular business hours (7:45 a.m. to 4:15

p.m.), Monday through Friday, except

holidays.

Individual respondents may request

confidentiality, which we will honor to

the extent allowable by law. If you wish

to withhold your name or address,

except for the city or town, you must

state this prominently at the beginning

of your comment. We will make all

submissions from organizations or

businesses, and from individuals

identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

II. Background

BLM published the regulations at 43

CFR part 8370 on September 12, 1978

(43 FR 40738). These regulations

covered only Special Recreation Permits

for use of lands other than developed

recreation sites. BLM has reserved a

separate subpart 8371 on use of fee areas

and developed sites at least since 1978.

BLM amended subpart 8372 on August

29, 1984 (49 FR 34337), by defining

‘‘actual expenses,’’ by revising the

section on ‘‘Enforcement,’’ by adding a

section on exceptions to the Special

Recreation Permit requirements, and by

revising the section on ‘‘Fees.’’ They

were amended again on March 31, 1988

(53 FR 10394), by adding a section on

‘‘Appeals’’ that allows appeals but

places decisions in full force and effect

pending appeal unless the Secretary of

the Interior decides otherwise.

The regulations are in need of

updating to reflect changes over the last

15 years in recreational activities and

large-scale events, and to strengthen and

clarify the provisions on cost recovery.

Finally, the public needs information in

the CFR on use of developed recreation

sites, for which BLM has reserved a

subpart for many years.

III. Discussion of Proposed Rule

The regulations in this proposed rule

are divided into three subparts. The first

of these contains general information

pertaining to all kinds of recreational

authorizations. The second describes

the Special Recreation Permit process:

what activities require permits, how to

get them, what privileges they allow,

and how BLM administers them. It also

contains definitions of terms used in the

subpart. The third subpart covers the

Recreation Use Permit, its use, and how

it is obtained.

This table should help the reader

locate provisions from the current

regulations in the proposed rule.

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Proposed Rules 31235

SECTION CONVERSION TABLE

Old section New section

Part 8370 .................. Part 2930

Note ........................... § 2931.9

Subpart 8371 [Reserved].Subpart 2933

Subpart 8372 ............ Subparts 2931 and

2932

§ 8372.0–1 ................. § 2931.1

§ 8372.0–2 ................. § 2931.2

§ 8372.0–3 ................. § 2931.3

§ 8372.0–5 ................. § 2932.5

§ 8372.0–7 ................. § § 2932.54(b) and

2933.32(b)

§ 8372.1 ..................... § 2932.10

§ 8372.1–1 ................. § 2932.11

§ 8372.1–2 ................. § 2932.11(b)(1) and

(b)(3)(iii), and

2932.13

§ 8372.1–3 ................. § 2932.12

§ 8372.2 ..................... § 2932.20

§ 8372.2(a) ................ § 2932.22(a), and (c)

(1) and (2)

§ 8372.2(b) ................ § 2932.24(c)

§ 8372.2(c) ................ § 2932.22(b) and

2932.23

§ 8372.2(c)(2) ............ § 2932.25

§ 8372.3 ..................... § 2932.26

§ 8372.4 ..................... § 2932.30

§ 8372.4(a) ................ § 2932.31

§ 8372.4(b) ................ § 2932.32

§ 8372.4(b)(3) ............ § 2932.33

§ 8372.4(c)(1) ............ § 2932.14

§ 8372.4(c)(2)–(3) ...... § 2932.34

§ 8372.5(a)(1) ............ § 2932.54(a), 2933.32

§ 8372.5(a)(2) ............ § 2932.42

§ 8372.5(a)(3) (removed).None

§ 8372.5(a)(4) ............ § 2932.53

§ 8372.5(b) ................ § 2932.41

§ 8372.5(c) ................ § 2932.44

§ 8372.5(d) ......... § 2932.43

§ 8372.5(e) (removed).None

§ 8372.5(f) .......... § 2932.54(b)(2)

§ 8372.6 ............. § 2931.8

None .......................... § 2932.50 through

2932.52 (new)

The following discussion of the

proposed rule concentrates on those

portions of the regulations that this rule

would amend other than by

reorganization and renumbering.

Subpart 2931—Recreation Use

Authorizations; General

This subpart would serve as a general

introduction to the subject of

authorizations for recreational use of the

public lands, where they are needed. No

permit is needed for most noncommercial recreational use of the

public lands. The function of the

subpart is to summarize the purposes of

and authorities for the regulations. It

would also reaffirm the provision in the

existing regulations that all permit

decisions that BLM makes would

remain in full force and effect pending

appeal, unless stayed in accordance

with Department of the Interior hearings

and appeals regulations.

Subpart 2932—Special Recreation

Permits for Commercial Use,

Competitive Events, Organized Group

Events, and Recreation Use in Special

Areas

This subpart includes the regulations

covering BLM’s issuance of permits

for—

• Outfitters and guides (hunting,

fishing, rafting, boating, vehicle touring,

and other recreational companies),

• Persons engaged in commercial

recreational use of the public lands,

• Persons providing services to

recreational visitors to the public lands,

• Competitive events such as

motorcycle races and time trials,

• Organized group activities or events

on the public lands, and

• Noncommercial recreational use of

special areas where access may be

limited for environmental protection

and other reasons.

Subpart 2932 would do the following:

• Contain specific conditions for

when you need a Special Recreation

Permit and when BLM may waive this

requirement;

• Require you to submit applications

for Special Recreation Permits 180 days

before your intended use begins;

• Provide for cost reimbursement

based on administrative time required to

issue the permit;

• Specifically require most Special

Recreation Permit holders to have and

submit liability insurance;

• Allow transfers of Special

Recreation Permit privileges, but only as

a part of business transactions involving

sales of all or part of the business itself;

and

• Allow renewal of Special

Recreation Permits.

The provisions for transfers and

renewals are new in this proposed rule,

but we are merely codifying existing

policy. Also, the cost reimbursement

calculation provisions and the lead time

for submitting applications represent

changes from the current regulations.

Section 2932.5 Definitions

The only terms defined in this rule

pertain to Special Recreation Permits, as

opposed to Recreation Use Permits for

fee areas. Therefore, we have placed the

definition section in the subpart on

Special Recreation Permits rather than

in the general subpart. We eliminated

definitions for terms whose common

meaning is clear, and definitions of

terms that appear but once in the

regulations: ‘‘event,’’ ‘‘education,’’ ‘‘offroad vehicle, ‘‘operator,’’ and ‘‘user

day.’’ Where there is need, we explained

the term in the context in which it

appears. We also added definitions for

‘‘vending’’ and ‘‘organized group.’’

Section 2932.10 When Special

Recreation Permits Are Needed

The first four sections would tell

recreationists when they need a Special

Recreation Permit to use public lands,

when BLM may waive permit

requirements, and what activities do not

need a permit.

Section 2932.11 When Do I Need a

Special Recreation Permit?

This section would explain that

Special Recreation Permits are

necessary for commercial recreational

use and competitive events, and

vending, and may be needed for

recreational use of some special areas,

organized group activities and events,

and research under limited

circumstances. The changes in this

provision, adding permit requirements

for vending and some research

activities, recognize the growing use of

the public lands for recreational and

related purposes, and the need in some

locations to monitor and control these

uses.

Section 2932.12 When May BLM

Waive the Requirement To Obtain a

Permit?

This section, which is based on

section 8372.1–3 of the current

regulations, would explain that BLM

has discretion to waive permit

requirements if the event or activity

affects less than a mile of public land or

shoreline, and poses no threat of

appreciable damage to public land or

water resources. BLM may also waive

the requirement if the activity or event

is sponsored at least in part by BLM, or

if it is a noncommercial competitive

event that poses no appreciable risk of

damage to natural resources, whose

sponsor does not publicly advertise or

offer cash prizes, and which requires no

monitoring. These criteria are not

substantively changed from the existing

regulations. However, the rule does

remove the 50 vehicle upper limit for

events as to which BLM may waive

permit and fee requirements. This

number is unnecessarily arbitrary. We

would eliminate this numerical limit

because we believe that it is more useful

to consider the effects of an activity or

event on a particular parcel of land.

Thus, we would determine whether an

activity poses a threat of appreciable

damage to the land or water resources

present, a criterion carried over from the

existing regulation.

31236 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Proposed Rules

Section 2932.14 Do I Need a Special

Recreation Permit To Hunt, Trap, or

Fish?

This section would make it clear that

hunters, trappers, and fishermen do not

need Special Recreation Permits to use

public lands for these activities, unless

they would require a permit under

section 2932.11 because the activity is

commercial or competitive or takes

place in a special area. Likewise, the

Special Recreation Permit does not in

and of itself authorize you to hunt, trap,

or fish. You must obtain the proper

license from the State game and fish

department with jurisdiction. The

regulation would require outfitters and

guides who serve hunters, fishermen,

and trappers to have a Special

Recreation Permit. Except for

clarification, and being moved to a more

visible location in the regulations with

a separate heading, this provision is not

substantively changed from the current

regulations.

Section 2932.20 Special Recreation

Permit Applications

This heading leads into a series of

sections introducing you to the

recreation permit process. These

provisions are based on sections 8372.2

and 8372.3 of the existing regulations.

Section 2932.21 Why Should I Contact

BLM Before Submitting an Application?

This section, which is new in the

proposed rule, would urge you to

contact BLM before you submit an

application, especially in light of the

requirement that applications be

submitted 180 days in advance. Early

consultation will familiarize you with

the process, and the terms and

conditions that may be required in a

Special Recreation Permit.

Section 2932.22 When Do I Apply for

a Special Recreation Permit?

This section would require persons

seeking Special Recreation Permits for

commercial and competitive

recreational uses, organized group

activities or events, or for vending on

public lands, to apply 180 days before

they expect the use to begin. This would

be an increase of 60 days over the

provision in the current regulations,

reflecting increased demand for such

use and more intensive review of

applications required by law. The

section would also allow local BLM

management to provide for shorter

review periods for certain applications,

and for applications for individual use

of special areas. BLM would then notify

you (see section 2932.25) if we cannot

reach a decision on issuing the Special

Recreation Permit before your desired

use date. This might happen, for

example, if BLM cannot complete the

environmental assessments or

consultations with other agencies

within 180 days. The proposed rule

does not impose a time limit for BLM to

notify applicants of such delays. This

kind of requirement on BLM itself is

more appropriate for internal guidance.

However, we recognize our obligation to

keep our customers informed, especially

as to such time-sensitive matters as

scheduling recreation events.

The next three sections—2932.23,

2932.24, and 2932.25—are selfexplanatory in setting forth the

application process in detail.

Section 2932.26 How Will BLM Decide

Whether To Issue a Special Recreation

Permit?

This section repeats the statement in

the current regulations that permit

issuance is discretionary with BLM. It

expands on the current regulations,

however, by stating the criteria that

BLM would apply. We would base our

decision on the public interest served,

public safety, conflicts with other uses,

resource protection, and conformance

with laws and land use plans. We

would also weigh the applicant’s past

performance with BLM and other

agencies. You can use these criteria as

indicators of whether your application

is likely to be approved.

Section 2932.30 Fees for Special

Recreation Permits

The next several sections would deal

with the establishment and

administration of a fee system for cost

recovery in the administration of

Special Recreation Permits.

Section 2932.31 How Does BLM

Establish Fees for Special Recreation

Permits?

This section would explain how BLM

sets fees for Special Recreation Permits.

The Director establishes fees for these

permits for commercial, organized

group activities or events, and

competitive events. The Director may

adjust the fees when necessary to reflect

changes in costs and the market,

considering the direct and indirect cost

to the government; the types of services

or facilities provided; and comparable

recreation fees charged by other Federal

agencies, non-Federal public agencies,

and private industry. The fee schedule

for competitive and organized group

activities or events was published in the

Federal Register on July 29, 1999 (64 FR

41133), effective October 1, 1999. BLM

would adjust these fees periodically

based on the Implicit Price Deflator

Index. The fee schedule for commercial

outfitters, guides, and vendors was

published on October 19, 1989 (54 FR

42998). We expect to publish the next

regular update of this schedule in March

2002. Local fees for other uses would be

posted or published in local newspapers

by BLM.

The State Director with jurisdiction

establishes fees for other Special

Recreation Permits. This information

will generally be available in field

offices, but may be made available in

newspapers, Internet websites, or other

appropriate public notice.

The proposed rule would change the

threshold for charging actual costs

(which may replace or be in addition to

the scheduled fees discussed in the

previous paragraph) from a fixed cost in

dollars ($5,000)—which may become

obsolete due to changes in currency

values—to an amount of administrative

work that would be required. The

section would provide that if a permit

requires more than 50 hours of BLM

administrative or staff time to process

and monitor, BLM may require the

applicant to pay actual administrative

costs, in addition to the fees set by the

fee schedule. If the time to process your

application exceeds the 50-hour

threshold, BLM would require you to

pay costs from the first hour of

administrative work. This provision will

most often apply to short-term, high

intensity uses, such as a large one-day

motorcycle race. The proposed rule

would require BLM to notify you in the

event you need to pay actual costs.

Section 2932.32 When Must I Pay the

Fees?

This section would require payment

of fees in advance of the authorized use

by the deadline BLM establishes. It

would allow payment in installments

for commercial use. BLM will not

process your application until you have

paid cost recovery fees, if any, as they

are required. This approach is

somewhat different from that in the

current section 8372.4(b), which merely

provides for payment at the time of

permit issuance. The proposed rule

allows the applicant more flexibility in

making payments, but provides BLM

with more assurance that our costs will

be covered as we incur them.

Section 2932.33 When Are Fees

Refundable?

This section would describe what

happens if your advance payment

against BLM costs turns out to exceed

those actual costs. For commercial

multi-year permits, such as outfitter

permits, when your actual fees due are

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Proposed Rules 31237

less than the estimated fees you paid in

advance, the rule would direct BLM to

credit overpayments to the following

year or season. For other permits, BLM

would issue refunds or credit

overpayments to future permits,

whichever you prefer. However, if you

have applied for recreational access to a

limited use area and your trip is

undersubscribed, and you do not give

BLM sufficient opportunity to authorize

use by others to make up for the use you

forgo, BLM will not issue refunds or

credits. BLM will determine whether

you have given us sufficient

opportunity. We will base our

determination on the type of permit, the

location, and the frequency of use.

We have tried in this section to

simplify the explanation of how we

handle refunds in cases of

undersubscribed events or trips, and to

provide more flexibility in how

permittees may have their refunds paid.

Section 2932.34 When May BLM Waive

Special Recreation Permit Fees?

This section would allow BLM to

waive permit fees for Special Recreation

Permits on a case-by-case basis. Waiver

would be a possibility for scientific,

research, therapeutic, or administrative

use. However, the proposed rule would

remove the waiver for educational/

recreational trips found in section

8372.4(c)(2) of the existing regulations.

This waiver has been prone to abuse by

groups seeking to avoid fees by

characterizing purely recreational

outings as educational. However, the

language in the rule would allow BLM

sufficient discretion to waive fees for

truly educational outings. The rule also

would remove the disclaimer that the

regulations do not pertain to

commercial or other non-recreational

activities. Such activities may be

permitted under 43 CFR part 2920 or

other regulations, but it is not necessary

to state this in the text of the recreation

regulations.

Section 2932.40 Permit Stipulations

and Terms

The next several sections deal with

permit terms, insurance requirements,

and bonding requirements. These

sections are all based on paragraphs in

existing section 8372.5, and do not

contain substantive changes. However,

there are no equivalents of paragraphs

8372.5(a)(3) and (e) in the proposed

rule. The first, limiting the size of the

area for which a permit can be issued,

is a matter for internal BLM guidance.

The second, requiring indemnification

of the United States by the permittee

against liability for damage to persons or

property occurring during or as a result

of the authorized use, is unnecessary in

light of the insurance requirements

contained in section 2932.43.

Section 2932.50 Administration of

Special Recreation Permits

This heading leads into a series of

sections describing how BLM

administers recreation permits, and the

requirements that BLM imposes on

permittees. These provisions are new in

this proposed rule. We add them to

codify existing policy or, in some cases,

to simplify current procedures. For

example, the proposed rule will allow

Special Recreation Permits, such as

those held by outfitters and guides, to be

renewed. BLM currently renews

outfitter and guide permits, although

there is no regulatory provision that

specifically addresses permit renewal.

This rule fills this gap.

Section 2932.54 When May I Transfer

My Special Recreation Permit to Other

Individuals, Companies, or Entities?

The proposed rule also allows permit

assignments and transfers, but only in

very limited circumstances. The rule in

general does not allow sale of permit

privileges. However, we will allow a

transfer in cases where the permittee is

selling his business or a portion of it to

the transferee, so long as both parties

meet certain requirements. Thus, multiyear commercial Special Recreation

Permits—generally held by outfitters,

guides, and river-running concerns—

would only be transferable in cases of

actual sales of businesses or a

substantial part of the business. You

would be required to apply to BLM to

transfer a permit to a prospective buyer

of your business, and the buyer would

have to pay the standard application

fees and cost reimbursement, if any.

BLM would evaluate the proposed

business sale and transfer permit

privileges to a qualified buyer, if—

(1) The transfer is consistent with

planning decisions, and

(2) The proposed sale includes

tangible property necessary to conduct

the activities authorized.

BLM would not allow transfer of the

permit privilege alone, without transfer

of at least a substantial portion of the

equipment or stock necessary to

continue the activity. Again, in this

case, the proposed rule would codify

current policy. In the absence of BLM

approval of your proposed transfer, the

transferee would have to compete with

other applicants for a Special Recreation

Permit.

Section 2932.56 When Will BLM

Amend, Suspend, or Cancel My Permit?

Paragraph (a) of this section would

allow BLM to amend, suspend, or

cancel a Special Recreation Permit if we

find it necessary to protect public

health, public safety, or the

environment. In the case of a

suspension, the terms of the permit

would continue during the suspension.

This paragraph is derived from

paragraph 8372.5(a)(1) of the existing

regulations, and is not substantively

changed.

Paragraph (b) of this section would

serve the same purpose as sections

8372.0–7 and 8372.5(f) of the existing

regulations. It would allow BLM to

suspend or cancel a Special Recreation

Permit if the permittee violates permit

stipulations, or is convicted of violating

any Federal or State law or regulation

on natural resources and environmental

conservation and protection,

endangered species or antiquities

preservation while acting under a

Special Recreation Permit.

Paragraph (c) would make it clear

that, while a Special Recreation Permit

is suspended, its holder’s

responsibilities and the permit’s

prohibitions continue in force.

Section 2932.57 Prohibited Acts and

Penalties

The proposed rule makes no

substantive changes in this section on

prohibited acts and penalties. The

penalties the rule provides for are taken

from Section 303(a) and (b) of the

Federal Land Policy and Management

Act (FLPMA) (43 U.S.C. 1733).

Subpart 2933—Recreation Use Permits

for Fee Areas

This subpart codifies a permit system

pertaining to ‘‘fee areas’’ on public lands

managed by BLM. Fee areas are sites

that provide specialized facilities,

equipment, or services related to

outdoor recreation. These include areas

that are developed by BLM, receive

regular maintenance, may have on-site

staffing, and are supported by Federal

funding. Not all fee areas necessarily

have all of these attributes. Examples of

fee areas are campgrounds that include

improvements such as picnic tables,

toilet facilities, tent or trailer sites, and

drinking water; and specialized sites

such as swimming pools, boat launch

facilities, guided tours, hunting blinds,

and so forth. The provisions in these

regulations are codifications of existing

procedures and policies. They are

designed to allow the most efficient

administration possible of the permit

system, and the easiest access by the

public.

31238 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Proposed Rules

We believe that the regulations in this

subpart are sufficiently self-explanatory

and straightforward that we do not need

to discuss them piecemeal or offer their

rationale. If there are questions raised

during the public comment period as to

these provisions, we will discuss them

in detail in the preamble of the final

rule.

Cross-references

Finally, the proposed rule would

change cross-references in other parts of

Title 43 from subpart 8372 to part 2930.

IV. Procedural Matters

The principal author of this proposed

rule is Lee Larson of the Recreation

Group, Washington Office, BLM,

assisted by Ted Hudson of the

Regulatory Affairs Group, Washington

Office, BLM.

Regulatory Planning and Review (E.O.

12866)

This document is not a significant

rule and is not subject to review by the

Office of Management and Budget under

Executive Order 12866.

(1) This rule will not have an effect of

$100 million or more on the economy.

It will not adversely affect in a material

way the economy, productivity,

competition, jobs, the environment,

public health or safety, or State, local,

or tribal governments or communities.

(2) This rule will not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency.

(3) This rule does not alter the

budgetary effects or entitlements, grants,

user fees, or loan programs or the rights

or obligations of their recipients.

(4) This rule does not raise novel legal

or policy issues.

During fiscal year 1996, BLM issued

over 116,000 Recreation Use Permits for

use of fee sites, with revenues totaling

about $600,000. During fiscal year 1997,

BLM issued about 184,000 Recreation

Use Permits for use of fee sites, with

revenues totaling about $705,000.

During fiscal year 1998, BLM issued

about 280,000 Recreation Use Permits

for use of fee sites, with revenues

totaling about $1.3 million. The cost of

such a permit averaged just over $5.00

for 1996, just under $5.50 for 1997, and

a little over $4.60 for 1998. The

proposed rule would allow BLM to

charge fees based on the types of

services or facilities provided at the fee

site, the cost of providing them, and fees

charged by public and private entities at

similar sites nearby. Changes caused by

this rule are not quantifiable in this

document, but will not result in charges

greater than fair market value. Any

increase in prices for these users would

have to have economic consequences of

hundreds of dollars per permit for the

effect on the economy to total $100

million, the threshold for a major rule

in the Executive Order.

During fiscal year 1996, BLM issued

just over 21,000 Special Recreation

Permits, with revenues totaling a little

over $1.5 million deposited into the

Land and Water Conservation Fund

(LWCF). During fiscal year 1997, BLM

issued just over 32,000 Special

Recreation Permits, with revenues

totaling about $2.9 million, of which

nearly $1.9 million was deposited into

the LWCF with the balance attributed to

the Fee Demonstration Project and other

miscellaneous accounts. During fiscal

year 1998, BLM issued just over 37,500

such permits, and collected just over

$4.8 million in fees, of which nearly

$1.6 million was deposited into the

LWCF, with the balance attributed to

the Fee Demonstration Project and other

miscellaneous accounts. (These

numbers are derived from the Public

Land Statistics; the variety of laws

directing the revenues to numerous

funds accounts for different average fees

from year to year. We give these

numbers to illustrate that the revenues

charged under BLM’s recreation

program are minuscule compared with

those realized by the overall national

recreation industry.) Special Recreation

Permits are generally obtained by

commercial outfitters and guides (about

2,500), river running companies (about

800), sponsors of competitive events

(about 1,000), ‘‘snow bird’’ seasonal

mobile home campers who use BLM’s

long term visitor areas (about 14,000),

and private individuals and groups

using certain special areas. Under

current regulations, use fees are to be

collected according to a schedule

established by the Director, BLM, and

published periodically in the Federal

Register. BLM may charge actual costs

if they exceed the fee on the schedule.

The schedule is based on 3 percent of

the gross annual receipts of the

permittee or an $80 flat annual fee,

whichever is greater. Snow birds pay a

flat seasonal fee of $100. The flat annual

fee for commercial outfitters and guides

is adjusted periodically in line with the

Implicit Price Deflator. The proposed

rule would provide for use fees to equal

fair market value, which can be

determined through comparative market

analysis, competitive bidding, or other

means. The State of Colorado charges

river outfitters 5 percent of gross

receipts to run trips on the Arkansas

River, which features the Royal Gorge.

This might be an indication of the type

of fee increase that might be phased in

under the proposed rule. BLM will

determine fair market values for

outfitter permits on a local or regional

level, based on comparative market

analyses and considering public input.

Regulatory Flexibility Act

The Department of the Interior

certifies that this document will not

have a significant economic effect on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). According to the

president of the American Recreation

Coalition, outdoor recreation is a $350

billion industry made up of small

businesses. As stated in the previous

section, BLM fees collected for Special

Recreation Permits in fiscal year 1997

were about $2.9 million. BLM revenues

collected thus amounted in that year to

less than 1/1,000 of 1 percent of the

gross industrial revenues, and not all of

the BLM revenues were collected from

commercial recreationists. The results

in other years are similar. BLM

considers that increases in these fees to

fair market value could not create a

significant impact on the outdoor

recreation industry. However, BLM

recognizes that most commercial

recreation enterprises—outfitters,

guides, river-running companies, local

retail outlets—are small businesses, and

that about 3,500 of them annually hold

BLM commercial or competitive

permits. For these reasons, any changes

in fees to fair market value will be

phased in, and fees will be set locally

and only after opportunity for public

participation leading to decisions on fair

market value.

Small Business Regulatory Enforcement

Fairness Act (SBREFA)

This rule is not a major rule under 5

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

Regulatory Enforcement Fairness Act.

This rule—

Does not have an annual effect on the

economy of $100 million or more. See

the discussion under Regulatory

Planning and Review, above.

Will not cause a major increase in

costs or prices for consumers,

individual industries, Federal, State, or

local government agencies, or

geographic regions. The rule will have

no effect on the 3 percent basic use fee

required of outfitters (set by policy, not

regulations). The rule imposes cost

recovery requirements provided for in

section 304 of FLPMA (43 U.S.C. 1734),

and in the Land and Water Conservation

Fund Act (16 U.S.C. 460l et seq., 460l–

5), and Office of Management and

Budget Circular No. A–25. The cost

increases under this rule would be de

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Proposed Rules 31239

minimus in the context of the entire

outdoor recreation industry, and even in

the context of the small proportion of it

that uses public lands managed by BLM.

See the discussion above under

Regulatory Flexibility Act.

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 adjustment of user fees to fair

market value and the implementation of

cost recovery should not affect the

ability of mostly small businesses

evenly treated to compete with one

another. Recreationists are not likely to

be driven to foreign recreation markets

by finding an increase in user fees in the

western part of this country, due to the

insignificance of such increases

compared to the costs of travel to

comparable foreign recreation

destinations. Much recreation

equipment is manufactured in foreign

countries, but it is sold by small

business retailers in this country. The

adjustment of user fees to fair market

value should not affect buyers’ choice of

foreign versus domestic made

equipment.

Unfunded Mandates Reform Act

This rule does not impose an

unfunded mandate on State, local, or

tribal governments or the private sector

of more than $100 million per year. The

rule does not have a significant or

unique effect on State, local, or tribal

governments or the private sector. The

rule has no effect on governmental or

tribal entities. A statement containing

the information required by the

Unfunded Mandates Reform Act (2

U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

In accordance with Executive Order

12630, the rule does not have significant

takings implications. While the

proposed rule would provide for

permits to be canceled under certain

circumstances, including violations of

law or regulations, or failure to comply

with permit stipulations, and while for

some commercial permittees a Special

Recreation Permit may be essential to

the exercise of property rights in a

business, the rule would not allow such

a forfeiture without due process of law.

A takings implications assessment is not

required.

Federalism (E.O. 13132)

In accordance with Executive Order

13132, the rule does not have sufficient

federalism implications to warrant the

preparation of a federalism summary

impact statement. The rule does not

have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. The rule does not

preempt State law.

Civil Justice Reform (E.O. 12988)

In accordance with Executive Order

12988, the Office of the Solicitor has

determined that this rule does not

unduly burden the judicial system and

meets the requirements of sections 3(a)

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

Paperwork Reduction Act

This regulation requires information

collection from 10 or more parties and

a submission under the Paperwork

Reduction Act is required by 44 U.S.C.

3501 et seq. An OMB form 83-I has been

reviewed by the Department and sent to

OMB for approval. The collection of this

information will not be required until it

has been approved by the Office of

Management and Budget.

National Environmental Policy Act

This proposed rule does not

constitute a major Federal action

significantly affecting the quality of the

human environment. A detailed

statement under the National

Environmental Policy Act of 1969 is not

required.

Clarity of This Regulation

Executive Order 12866 requires each

agency to write regulations that are easy

to understand. We invite your

comments on how to make this

proposed rule easier to understand,

including answers to questions such as

the following:

(1) Are the requirements in the

proposed rule clearly stated?

(2) Does the proposed rule contain

technical language or jargon that

interferes with its clarity?

(3) Does the format of the proposed

rule (grouping and order of sections, use

of headings, paragraphing, etc.) aid or

reduce its clarity?

(4) Would the rule be easier to

understand if it were divided into more

(but shorter) sections? (A ‘‘section’’

appears in bold type and is preceded by

the symbol ‘‘§ ’’ and a numbered

heading; for example, § 2932.22 When

do I apply for a Special Recreation

Permit?)

(5) Is the description of the proposed

rule in the ‘‘supplementary

information’’ section of this preamble

helpful in understanding the proposed

rule? What else could we do to make the

proposed rule easier to understand?

If you have any comments that

concern how we could make this

proposed rule easier to understand, in

addition to sending the original to the

address shown in ADDRESSES, above,

please send a copy to: Office of

Regulatory Affairs, Department of the

Interior, Room 7229, 1849 C Street NW,

Washington, DC 20240. You may also email the comments to this address:

Execsec@ios.doi.gov.

List of Subjects

43 CFR Part 2930

Penalties; Public lands; Recreation

and recreation areas; Reporting and

recordkeeping requirements; Surety

bonds.

43 CFR Part 3800

Administrative practice and

procedure, Environmental protection,

Intergovernmental relations, Mines,

Public lands-mineral resources,

Reporting and recordkeeping

requirements, Surety bonds, Wilderness

areas.

43 CFR Part 8340

Public lands, Recreation and

recreation areas, Traffic regulations.

43 CFR Part 8370

Penalties; Public lands; Recreation

and recreation areas; Reporting and

recordkeeping requirements; Surety

bonds.

43 CFR Part 8560

Penalties, Public lands, Reporting and

recordkeeping requirements, Wilderness

areas.

43 CFR Part 9260

Continental shelf, Forests and forest

products, Law enforcement, Penalties,

Public lands, Range management,

Recreation and recreation areas,

Wildlife.

For the reasons explained in the

preamble, and under the authority of 43

U.S.C. 1740, chapter II, subtitle B of title

43 of the Code of Federal Regulations is

proposed to be amended as follows:

1. Part 2930 is added to read as

follows:

PART 2930—PERMITS FOR

RECREATION ON PUBLIC LANDS

Subpart 2931—Permits for Recreation;

General

Sec.

2931.1 What are the purposes of these

regulations?

2931.2 What kinds of permits does BLM

issue for recreation-related uses of public

lands?

31240 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Proposed Rules

2931.3 What are the authorities for these

regulations?

2931.8 Appeals.

2931.9 Information collection.

Subpart 2932—Special Recreation Permits

for Commercial Use, Competitive Events,

Organized Groups, and Recreation Use in

Special Areas

2932.5 Definitions.

2932.10 When Special Recreation Permits

are needed.

2932.11 When do I need a Special

Recreation Permit?

2932.12 When may BLM waive the

requirement to obtain a permit?

2932.13 How will I know if individual use

of a special area requires a Special

Recreation Permit?

2932.14 Do I need a Special Recreation

Permit to hunt, trap, or fish?

2932.20 Special Recreation Permit

applications.

2932.21 Why should I contact BLM before

submitting an application?

2932.22 When do I apply for a Special

Recreation Permit?

2932.23 Where do I apply for a Special

Recreation Permit?

2932.24 What information must I submit

with my application?

2932.25 What will BLM do when I apply for

a Special Recreation Permit?

2932.26 How will BLM decide whether to

issue a Special Recreation Permit?

2932.30 Fees for Special Recreation

Permits.

2932.31 How does BLM establish fees for

Special Recreation Permits?

2932.32 When must I pay the fees?

2932.33 When are fees refundable?

2932.34 When may BLM waive Special

Recreation Permit fees?

2932.40 Permit stipulations and terms.

2932.41 What stipulations must I follow?

2932.42 How long is my Special Recreation

Permit valid?

2932.43 What insurance requirements

pertain to Special Recreation Permits?

2932.44 What bonds does BLM require for

a Special Recreation Permit?

2932.50 Administration of Special

Recreation Permits.

2932.51 When can I renew my Special

Recreation Permit?

2932.52 How do I apply for a renewal?

2932.53 What will be the term of my

renewal?

2932.54 When may I transfer my Special

Recreation Permit to other individuals,

companies, or entities?

2932.55 When must I allow BLM to

examine my permit records?

2932.56 When will BLM amend, suspend,

or cancel my permit?

2932.57 Prohibited acts and penalties.

Subpart 2933—Recreation Use Permits for

Fee Areas

2933.10 Obtaining Recreation Use Permits.

2933.11 When must I obtain a Recreation

Use Permit?

2933.12 Where can I obtain a Recreation

Use Permit?

2933.13 When do I need a reservation to

use a fee site?

2933.14 For what time may BLM issue a

Recreation Use Permit?

2933.20 Fees for Recreation Use Permits.

2933.21 When are fees charged for

Recreation Use Permits?

2933.22 How does BLM establish

Recreation Use Permit fees?

2933.23 When must I pay the fees?

2933.24 When can I get a refund of

Recreation Use Permit fees?

2933.30 Rules of conduct.

2933.31 What rules must I follow at fee

areas?

2933.32 When will BLM suspend or revoke

my permit?

Authority: 43 U.S.C. 1740; 16 U.S.C. 460l–

6a.

PART 2930—PERMITS FOR

RECREATION ON PUBLIC LANDS

Subpart 2931—Permits for Recreation;

General

§ 2931.1 What are the purposes of these

regulations?

The regulations in this part—

(a) State when you need a permit to

use public lands and waters for

recreation, including recreation-related

business;

(b) Tell you how to obtain the permit;

and

(c) State the fees you must pay to

obtain the permit.

§ 2931.2 What kinds of permits does BLM

issue for recreation-related uses of public

lands?

The regulations in this part establish

permit and fee systems for:

(a) Special Recreation Permits for

commercial use, organized group

activities or events, competitive use,

and for use of special areas; and (b)

Recreation use permits for use of fee

areas such as campgrounds and day use

areas.

§ 2931.3 What are the authorities for these

regulations?

(a) The statutory authorities

underlying the regulations in this part

are the Federal Land Policy and

Management Act, 43 U.S.C. 1701 et seq.,

and the Land and Water Conservation

Fund Act, as amended, 16 U.S.C. 4601–

6a.

(1) The Federal Land Policy and

Management Act contains BLM’s

general land use management authority

over the public lands, and establishes

outdoor recreation as one of the

principal uses of those lands (43 U.S.C.

1701(a)(8)).

(2) The Land and Water Conservation

Fund (LWCF) Act, as amended,

authorizes BLM to collect fees for

recreational use (16 U.S.C. 460l–6a(a),

(c)), and to issue special recreation

permits for group activities and

recreation events, and limits the

services for which we may collect fees

(16 U.S.C. 460l–6a(a), (b), (g)).

(b) The regulations at 36 CFR part 71

require all Department of the Interior

agencies to use the criteria in that part

in setting recreation fees. These criteria

are based on the LWCF Act and stated

in §§ 71.9 and 71.10 of that part.

§ 2931.8 Appeals.

(a) If you are adversely affected by a

decision under this part, you may

appeal the decision under parts 4 and

1840 of this title.

(b) All decisions BLM makes under

this part will go into effect immediately

and will remain in effect while appeals

are pending unless a stay is granted

under § 4.21(b) of this title.

§ 2931.9 Information collection.

The information collection

requirements in this part have been

approved by the Office of Management

and Budget under 44 U.S.C. 3501 et seq.

and assigned clearance number 1004–

0119. The information will be used to

determine whether applicants for

Special Recreation Permits on public

lands should be granted such permits. A

response to requests for information is

required to obtain a benefit.

Subpart 2932—Special Recreation

Permits for Commercial Use,

Competitive Events, Organized

Groups, and Recreation Use in Special

Areas

§ 2932.5 Definitions.

Actual expenses means money spent

directly on the permitted activity. These

may include costs of such items as food,

rentals of group equipment,

transportation, and permit or use fees.

Actual expenses do not include the

rental or purchase of personal

equipment, amortization of equipment,

salaries or other payments to

participants, insurance premiums, or

profit.

Commercial use means recreational

use of the public lands and related

waters for business or financial gain.

(1) The activity, service, or use is

commercial if—

(i) Any person, group, or organization

makes or attempts to make a profit,

receive money, amortize equipment, or

obtain goods or services, as

compensation from participants in

recreational activities occurring on

public lands;

(ii) Anyone collects a fee or receives

other compensation that is not strictly a

sharing of actual expenses, or exceeds

actual expenses, incurred for the

purposes of the activity, service, or use;

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Proposed Rules 31241

(iii) There is public advertising to

seek participants; or

(iv) Participants pay for a duty of care

or an expectation of safety.

(2) Profit-making organizations and

organizations seeking to make a profit

are automatically classified as

commercial, even if that part of their

activity covered by the permit is not

profit-making or the business as a whole

is not profitable.

(3) Use of the public lands by

scientific, educational, and therapeutic

institutions or non-profit organizations

is commercial and subject to a permit

requirement when it meets any of the

threshold criteria in paragraphs (1) and

(2) of this definition. The non-profit

status of any group or organization does

not alone determine that an event or

activity arranged by such a group or

organization is noncommercial.

Competitive use means—

(1) Any organized, sanctioned, or

structured use, event, or activity on

public land in which 2 or more

contestants compete and either or both

of the following elements apply:

(i) Participants register, enter, or

complete an application for the event; or

(ii) A predetermined course or area is

designated; or

(2) One or more individuals

contesting an established record such as

for speed or endurance.

Organized group activity means a

structured, ordered, consolidated, or

scheduled meeting on or occupation of

the public lands for the purpose of

recreational or other use that is not

commercial or competitive.

Special area means:

(1) An area officially designated by

statute or Secretarial order;

(2) An area for which BLM determines

that the resources require special

management and control measures for

their protection; or

(3) An area covered by joint

agreement between BLM and a State

under Title II of the Sikes Act (16 U.S.C.

670a et seq.)

Vending means the sale of goods or

services, not from a permanent

structure, associated with recreation on

the public lands or related waters, such

as food, beverages, clothing, firewood,

souvenirs, photographs or film (video or

still), or equipment repairs.

§ 2932.10 When Special Recreation

Permits are needed.

§ 2932.11 When do I need a Special

Recreation Permit?

(a) Except as provided in § 2932.1,

you must obtain a Special Recreation

Permit for:

(1) Commercial use, including

vending associated with recreational

use; or

(2) Competitive use.

(b) BLM may require you to obtain a

Special Recreation Permit for:

(1) Recreational use of special areas;

(2) Noncommercial, noncompetitive,

organized group activities or events; or

(3) Academic, educational, scientific,

or research uses that involve:

(i) Means of access or activities

normally associated with recreation;

(ii) Use of areas where recreation use

is allocated; or

(iii) Use of special areas.

§ 2932.12 When may BLM waive the

requirement to obtain a permit?

We may waive the requirement to

obtain a permit if:

(a) The use or event begins and ends

on non-public lands or related waters,

traverses less than 1 mile of public

lands or 1 shoreline mile, and poses no

threat of appreciable damage to public

land or water resource values;

(b) The use is sponsored or cosponsored by the Bureau of Land

Management, that is, an activity or event

that BLM is involved in organizing and

hosting, or sharing responsibility for,

arranged through authorizing letters or

written agreements; or

(c) The use is a competitive event

that—

(1) Is not commercial;

(2) Does not award cash prizes;

(3) Is not publicly advertised;

(4) Poses no appreciable risk for

damage to public land or related water

resource values; and

(5) Requires no monitoring.

§ 2932.13 How will I know if individual use

of a special area requires a Special

Recreation Permit?

BLM will publish notification of the

requirement to obtain a Special

Recreation Permit to enter a special area

in the Federal Register and local and

regional news media. We will post

permit requirements at major access

points for the special area and provide

information at the local BLM office.

§ 2932.14 Do I need a Special Recreation

Permit to hunt, trap, or fish?

(a) You do not need a Special

Recreation Permit to hunt, trap, or fish,

unless you are using a special area. You

must comply with State license

requirements for these activities. BLM

Special Recreation Permits do not alone

authorize you to hunt, trap, or fish.

(b) Outfitters and guides providing

services to hunters, trappers, or anglers

must obtain Special Recreation Permits

from BLM.

§ 2932.20 Special Recreation Permit

applications.

§ 2932.21 Why should I contact BLM

before submitting an application?

If you wish to apply for a Special

Recreation Permit, we strongly urge you

to contact the appropriate BLM office

before submitting your application. You

may need early consultation to become

familiar with BLM practices and

responsibilities, and the terms and

conditions that may be required in a

Special Recreation Permit. Because of

the lead time involved in processing

Special Recreation Permit applications

(see § 2932.22(a)), you should contact

BLM in sufficient time to complete a

permit application ahead of the 180 day

requirement.

§ 2932.22 When do I apply for a Special

Recreation Permit?

(a) For all uses that require a Special

Recreation Permit (see § 2932.11) except

individual use of special areas, you

must apply to the local BLM office at

least 180 days before you intend your

use to begin. This enables BLM to

conduct environmental analyses and

meet other legal requirements. We may

process and issue your permit in less

time.

(b) BLM field offices will establish

application procedures for individual

use of special areas, including when to

apply. You should call the field office

with jurisdiction as you begin to plan

your use.

§ 2932.23 Where do I apply for a Special

Recreation Permit?

You must apply to the local BLM

office with jurisdiction over the land

you wish to use.

§ 2932.24 What information must I submit

with my application?

(a) Your application for a Special

Recreation Permit for all uses, except

individual and noncommercial group

use of special areas, must include:

(1) A completed BLM Special

Recreation Application and Permit

form;

(2) A map or maps of sufficient scale

and detail to allow identification of the

proposed use area, unless waived by

BLM; and

(3) Other information requested by

BLM in sufficient detail to allow us to

evaluate the nature and impact of the

proposed activity, including measures

you would take to mitigate adverse

impacts.

(b) If you are an individual or

noncommercial group wishing to use a

special area, contact the local office

with jurisdiction to find out the

requirements, if any.

31242 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Proposed Rules

§ 2932.25 What will BLM do when I apply

for a Special Recreation Permit?

It is BLM’s intent to notify you at least

30 days before your desired use date if

a decision on issuing the Special

Recreation Permit cannot be made in a

timely manner. An example of when

this could happen is if we cannot

complete the environmental

assessments or consultations with other

agencies within 180 days.

§ 2932.26 How will BLM decide whether to

issue a Special Recreation Permit?

BLM has discretion whether or not to

issue a Special Recreation Permit. We

will base our decision on the public

interest served, public safety, conflicts

with other uses, resource protection,

conformance with laws and land use

plans, and your past performance with

BLM and other agencies.

§ 2932.30 Fees for Special Recreation

Permits.

§ 2932.31 How does BLM establish fees for

Special Recreation Permits?

(a) The Director establishes fees,

including minimum annual fees, for

commercial, organized group activity or

event, and competitive Special

Recreation Permits.

(b) The Director may adjust the fees as

necessary, using a Federal Register

notice, to reflect changes in costs and

the market, using the following types of

data:

(1) The direct and indirect cost to the

government;

(2) The types of services or facilities

provided; and

(3) The comparable recreation fees

charged by other Federal agencies, nonFederal public agencies, and the private

sector located within the service area.

(c) The State Director with

jurisdiction—

(1) Will set fees for other Special

Recreation Permits (such as for private

use of special areas),

(2) May adjust the fees when he or she

finds it necessary,

(3) May provide information in field

offices, and

(4) May provide newspaper or other

appropriate public notice.

(d) In addition to the fees listed in the

schedule or set by the State Director, if

BLM needs more than 50 hours of staff

time to process a Special Recreation

Permit, we may charge a fee for recovery

of our administrative costs. Processing

charges may include, but are not limited

to, the cost of environmental analysis,

consultation with other agencies, and

conducting public participation.

Processing costs may also include, but

are not limited to, the costs of

monitoring, use supervision, permit

compliance, and post-use reports and

close-out.

(e) We will notify you in writing if

you need to pay actual costs.

§ 2932.32 When must I pay the fees?

You must pay the required fees in

advance of your authorized use and by

the deadline or deadlines that BLM will

establish in each case. We may allow

you to make periodic payments for

commercial use. We will not process or

continue processing your application

until you have paid the required fees or

installments.

§ 2932.33 When are fees refundable?

For multi-year commercial permits, if

your actual fees due are less than the

estimated fees you paid in advance,

BLM will credit overpayments to the

following year or season. For other

permits, we will issue refunds or credit

overpayments to future permits, less

processing costs. We will generally not

make refunds for use of the areas

allocated to you in your permit if your

actual use is less than your intended

use. We may consider a refund if there

is sufficient time to authorize use by

others and we are able to award such

use. Application fees and minimum

annual commercial use fees (those on

BLM’s published fee schedule) are not

refundable.

§ 2932.34 When may BLM waive Special

Recreation Permit fees?

BLM may waive Special Recreation

Permit fees on a case-by-case basis for

approved academic, scientific, research,

therapeutic, or administrative uses.

§ 2932.40 Permit stipulations and terms.

§ 2932.41 What stipulations must I follow?

You must follow all stipulations

contained in your Special Recreation

Permit. BLM may impose stipulations

and conditions to meet management

goals and objectives and protect lands

and resources and the public interest.

§ 2932.42 How long is my Special

Recreation Permit valid?

You may request a permit for a day,

season of use, or other time period, up

to a maximum of 5 years. BLM will

determine the appropriate term in each

case.

§ 2932.43 What insurance requirements

pertain to Special Recreation Permits?

All commercial and competitive

applicants for Special Recreation

Permits, except vendors, must obtain a

property damage, personal injury, and

public liability insurance policy that

BLM judges sufficient to protect the

public and the United States. Your

policy must name the U.S. Government

as additionally insured or co-insured

and stipulate that you or your insurer

notify BLM 30 days in advance of

termination or modification of the

policy. We may also require vendors

and other applicants, such as organized

groups, to obtain and submit such a

policy.

§ 2932.44 What bonds does BLM require

for a Special Recreation Permit?

BLM may require you to submit a

payment bond, a cash or surety deposit,

or other financial guarantee in an

amount sufficient to cover your fees or

defray the costs of restoration and

rehabilitation of the lands affected by

the permitted use. We will return the

bonds and financial guarantees when

you have complied with all permit

stipulations.

§ 2932.50 Administration of Special

Recreation Permits.

§ 2932.51 When can I renew my Special

Recreation Permit?

We will renew your Special

Recreation Permit at the end of its term

only if it is in good standing and

consistent with BLM management plans

and policies, and if you and all of your

affiliates have a satisfactory record of

performance.

§ 2932.52 How do I apply for a renewal?

(a) You must submit an application

for renewal in the same form as for a

new permit.

(b) BLM will establish and publish

deadlines for submitting renewal

applications.

§ 2932.53 What will be the term of my

renewal?

Renewals will generally be for the

same term as the previous permit.

§ 2932.54 When may I transfer my Special

Recreation Permit to other individuals,

companies, or entities?

(a) BLM may transfer a commercial

Special Recreation Permit in the case of

an actual sale of a business or a

substantial part of the business. Only

BLM can approve the transfer or

assignment of permit privileges to

another person or entity.

(b) The approved transferee must

complete the standard permit

application as provided in §§ 2932.20

through 2932.26. Once the transferee

pays the required fees, BLM will issue

a Special Recreation Permit.

§ 2932.55 When must I allow BLM to

examine my permit records?

(a) BLM may examine any books,

documents, papers, or records

pertaining to your Special Recreation

Permit or transactions relating to it,

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Proposed Rules 31243

whether in your possession, or that of

your employees, business affiliates, or

agents.

(b) You must make these materials

available upon request by BLM. BLM

will not ask to inspect any of this

material later than 3 years after your

permit expires.

§ 2932.56 When will BLM amend, suspend,

or cancel my permit?

(a) BLM may amend, suspend, or

cancel your Special Recreation Permit if

necessary to protect public health,

public safety, or the environment.

(b) BLM may suspend or cancel your

Special Recreation Permit if you—

(1) Violate permit stipulations, or

(2) Are convicted of violating any

Federal or State law or regulation

concerning the conservation or

protection of natural resources, the

environment, endangered species, or

antiquities while exercising your

privileges under your Special

Recreation Permit.

(c) If we suspend your permit, your

responsibilities under the permit will

continue during the suspension.

§ 2932.57 Prohibited acts and penalties.

(a) Prohibited acts. You must not—

(1) Fail to obtain a Special Recreation

Permit and pay the fees required by this

subpart;

(2) Violate the stipulations or

conditions of a permit issued under this

subpart;

(3) Knowingly participate in an event

or activity subject to the permit

requirements of this subpart where BLM

has not issued a permit;

(4) Fail to post a copy of any

commercial or competitive permit

where all participants may read it;

(5) Fail to show a copy of your Special

Recreation Permit upon request by a

BLM employee or a participant in your

activity.

(b) Penalties. (1) Any person

convicted of committing any prohibited

act in paragraph (a) of this section, or of

violating any regulation in this subpart

or any condition or stipulation of a

Special Recreation Permit, may be

subject to a fine not to exceed $1,000

and/or imprisonment not to exceed 12

months.

(2) You may also be subject to civil

action for unauthorized use of the

public lands or related waters and their

resources, for violations of permit terms,

conditions, or stipulations, or for uses

beyond those allowed by the permit.

Subpart 2933—Recreation Use Permits

for Fee Areas

§ 2933.10 Obtaining Recreation Use

Permits.

§ 2933.11 When must I obtain a Recreation

Use Permit?

You must obtain a Recreation Use

Permit for individual or group use of fee

areas. These are sites where we provide

or administer specialized facilities,

equipment, or services related to

outdoor recreation. You may visit these

areas for uses and time periods BLM

specifies. We will post these uses and

limits at the entrance to the area or site,

and provide this information in the

local BLM office with jurisdiction over

the area or site. You may contact this

office for permit information when

planning your visit.

§ 2933.12 Where can I obtain a Recreation

Use Permit?

You may obtain a permit at selfservice pay stations, from personnel at

the site, or at other specified locations.

Because these locations may vary from

site to site, you should contact the local

BLM office with jurisdiction over the

area or site in advance for permit

information.

§ 2933.13 When do I need a reservation to

use a fee site?

Most sites are available on a first

come/first serve basis. However, you

may need a reservation to use some

sites. You should contact the local BLM

office with jurisdiction over the site or

area to learn whether a reservation is

required.

§ 2933.14 For what time may BLM issue a

Recreation Use Permit?

You may obtain a permit for a day,

season of use, year, or any other time

period that we deem appropriate for the

particular use. We will post this

information on site or make it available

at the local BLM office with jurisdiction

over the area or site.

§ 2933.20 Fees for Recreation Use Permits.

§ 2933.21 When are fees charged for

Recreation Use Permits?

You must pay a fee for individual or

group recreational use if the area is

posted to that effect. You may also find

fee information at BLM field offices or

BLM Internet websites.

§ 2933.22 How does BLM establish

Recreation Use Permit fees?

BLM sets recreation use fees and

adjusts them from time to time to reflect

changes in costs and the market, using

the following types of data:

(a) The direct and indirect cost to the

government;

(b) The types of services or facilities

provided; and

(c) The comparable recreation fees

charged by other Federal agencies, nonFederal public agencies, and the private

sector located within the service area.

§ 2933.23 When must I pay the fees?

You must pay the required fees upon

occupying a designated recreation use

facility, when you receive services, or as

the BLM’s reservation system may

require. These practices vary from site

to site. You may contact the local BLM

office with jurisdiction over the area or

site for fee information.

§ 2933.24 When can I get a refund of

Recreation Use Permit fees?

If we close the fee site for

administrative or emergency reasons, on

your request, we will refund the unused

portion of your permit fee.

§ 2933.30 Rules of conduct.

§ 2933.31 What rules must I follow at fee

areas?

You must comply with all rules that

BLM posts in the area. Any such sitespecific rules supplement the general

rules of conduct contained in subpart

8365 of this chapter relating to public

safety, resource protection, and visitor

comfort.

§ 2933.32 When will BLM suspend or

revoke my permit?

(a) We may suspend your permit to

protect public health, public safety, the

environment, or you.

(b) We may revoke your permit if you

commit any of the acts prohibited in

subpart 8365 of this chapter, or violate

any of the stipulations attached to your

permit, or any site-specific rules posted

in the area.

PART 3800—[AMENDED]

2. The authority citation for part 3800

continues to read as follows:

Authority: 5 U.S.C. 552; 16 U.S.C. 1131–

1136, 1271–1287, 1901; 25 U.S.C. 463; 30

U.S.C. 21 et seq., 21a, 22 et seq., 1601; 43

U.S.C. 2, 154, 299, 687b–687b–4, 1068 et

seq., 1201, 1701 et seq.; 62 Stat. 162.

§ 3802.1–1 [Amended]

3. Section 3802.1–1(d) is amended by

removing the phrase ‘‘subpart 8372 of

this title’’ and adding in its place the

phrase ‘‘part 2930 of this chapter.’’

PART 8340—[AMENDED]

4. The authority citation for part 8340

is corrected to read as follows:

Authority: 43 U.S.C. 1201, 43 U.S.C. 315a,

16 U.S.C. 1531 et seq., 16 U.S.C. 1281c, 16

U.S.C. 670 et seq., 16 U.S.C. 460l–6a, 16

31244 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Proposed Rules

U.S.C. 1241 et seq., and 43 U.S.C. 1701 et

seq.

§ 8344.1 [Amended]

5. Section 8344.1 is amended by

revising the cross-reference ‘‘subpart

8372’’ to read ‘‘part 2930.’’

PART 8370—[REMOVED]

6. Part 8370 is removed.

7. The authority citation for part 8560

continues to read as follows:

Authority: 43 U.S.C. 1701 et seq., 16 U.S.C.

1131 et seq.

§ 8560.1–1 [Amended]

8. Section 8560.1–1(e) is amended by

removing the phrase ‘‘43 CFR part

8372’’ and adding in its place the phrase

‘‘part 2930 of this chapter.’’

PART 9260—[AMENDED]

9. The authority citation for part 9260

continues to read as follows:

Authority: 16 U.S.C. 433; 16 U.S.C. 460l6a; 16 U.S.C. 670j; 16 U.S.C. 1246(i); 16

U.S.C. 1338; 18 U.S.C. 1851–1861; 18 U.S.C.

3551 et seq.; 43 U.S.C. 315(a); 43 U.S.C. 1061,

1063; 43 U.S.C. 1733.

§ 9268.3 [Amended]

10. Section 9268.3 is amended by

removing from the first sentence of

paragraph (e)(1) the phrase ‘‘subpart

8372 of this title’’ and adding in its

place the phrase ‘‘part 2930 of this

chapter.’’

Dated: April 28, 2000.

Sylvia V. Baca,

Assistant Secretary of the Interior.

[FR Doc. 00–12124 Filed 5–15–00; 8:45 am]

BILLING CODE 4310–84–P