§ 71.15 The Golden Eagle Insignia. ( a ) *Definitions.* ( 1 ) The term “The Golden Eagle Insignia” (hereinafter “Insignia”) as used in this section, means the words “The Golden Eagle” and the representation of an American Golden Eagle (colored gold) and a family group (colored midnight blue) enclosed within a circle (colored white with a midnight blue border) framed by a rounded triangle (colored gold with a midnight blue border) which was originated by the Department of the Interior as the official symbol for Federal recreation fee areas.
( 2 ) The term “Secretary” as used in this section, means the Secretary of the Interior or any person designated to act for him in any matter to which this section refers.
( 3 ) The term “commercial use,” as used in this section, refers to any use, including the reproduction, manufacture, importation, or distribution, of the Insignia the primary purpose of which is to make a profit.
( 4 ) The term “public service use,” as used in this section, refers to any use, including the reproduction, manufacture, importation, or distribution, of the Insignia the primary purpose of which is to contribute to the public's information and education about the Federal recreation fee program.
( 5 ) The term “official use” refers to uses of the Insignia pursuant to §§ 71.4, 71.5, 71.6, 71.8, 71.10, and 71.14, including, but not limited to, the posting of areas, facilities, and uses with the designation sign described in § 71.4(a), and the design of Golden Eagle and Golden Age Passports, and uses of the Insignia by other Federal agencies.
( 6 ) The Golden Eagle program refers to the Federal outdoor recreation fee program, which provides for the designation of entrance fee areas, recreation use facilities, special recreation permit uses, the issuance of Golden Eagle and Golden Age Passports, and the collection and enforcement of fees at Federal areas and facilities and for specialized recreation uses established by the Land and Water Conservation Fund Act of 1965, 16 U.S.C.A. 4601-6a (Supp., 1974), as amended.
( b ) *Licenses for commercial and public service use.* ( 1 ) Any person, business, or organization (hereinafter called the applicant) wishing a license for commercial or public service use of the Insignia must make written application to the Secretary stating: ( i ) The nature and scope of the intended use.
( ii ) The applicant's name and address.
( iii ) The nature of the applicant's business or activities, and the relationship between the intended use and said business or activities.
( 2 ) The Secretary, in determining whether to grant a license for the commercial use of the Insignia, will consider the following criteria: ( i ) Whether the intended use will be an enhancement of the Golden Eagle program which would complement the program as it is administered by Federal recreation agencies and departments.
( ii ) Whether the intended use is likely to cause confusion, or to cause mistake, or to deceive the general public by creating the impression that the use is official.
( iii ) Whether the intended use is injurious to the integrity of the concept of the Insignia.
( iv ) Whether the intended use is capable of generating enough royalty fee revenue to justify the administrative costs of licensing.
( 3 ) The Secretary, in determining whether to grant a license for the public service use of the Insignia, will consider the following criteria: ( i ) Whether the intended use will be an enhancement of the Golden Eagle program which would complement the program as it is administered by Federal recreation agencies and departments.
( ii ) Whether the intended use is injurious to the integrity of the concept of the Insignia.
( 4 ) Any license granted by the Secretary for commercial use of the Insignia is subject to the following terms and conditions: ( i ) The license is nontransferable.
( ii ) All proposed uses of the Insignia must be approved by the Secretary prior to manufacture, importation, or reproduction by the licensee. The Insignia shall not be used in conjunction with substances inherently dangerous to the public.
( iii ) The license shall contain equal employment opportunity provisions in compliance with Executive Order 11246, 30 FR 12319 (1965), as amended, and regulations issued pursuant thereto (41 CFR Ch. 60) unless the royalty fees to be paid under the license are not expected to exceed $10,000.
( iv ) The license shall be subject to revocation by the Secretary at any time that he finds that: (*a*) The criteria under which the license was granted are not being fulfilled; or (*b*) there has been a violation of the terms and conditions of the license.
( 5 ) Any license granted by the Secretary for public service use of the Insignia is subject to the following terms and conditions: ( i ) The license is nontransferable.
( ii ) All proposed uses of the Insignia must be approved by the Secretary prior to manufacture, importation, reproduction, or distribution by the licensee.
( iii ) The license shall be subject to revocation by the Secretary at any time that he finds that: (*a*) The criteria under which the license was granted are not being fulfilled; or (*b*) there has been a violation of the terms and conditions of the license.
( c ) *Unauthorized use of the Insignia.* ( 1 ) Unauthorized use of the Insignia is all use except: The licensed commercial use or public service use of the Insignia; official use of the Insignia; and any lawful use of the Insignia, similar emblem, sign or words which antedates the Act of July 11, 1972, 86 Stat. 459.
( 2 ) Whoever makes unauthorized use of the Insignia or any facsimile thereof, in such a manner as is likely to cause confusion, or to cause mistake or to deceive the public by creating the impression that the use is official, shall be fined not more than $250 or imprisoned not more than 6 months or both.
( 3 ) Any unauthorized use of the Insignia may be enjoined at the suit of the Attorney General upon complaint by the Secretary.
( d ) *Royalty fees for commercial and public service use.* ( 1 ) Royalty fees for licensed commercial use of the Insignia shall be established at reasonable rates by contract between the licensee and the Secretary.
( 2 ) Royalty fees for licensed public service use of the Insignia shall be waived by the Secretary.
( e ) *Abandonment of the Golden Eagle Insignia.* The rights of the United States in the Golden Eagle Insignia shall terminate if the use of the Insignia is abandoned by the Secretary. Nonuse for a continued period of 2 years shall constitute abandonment.