[Federal Register Volume 70, Number 224 (Tuesday, November 22, 2005)]
[Proposed Rules]
[Pages 70570-70574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23113]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2930

RIN: 1004-AD68

[WO-250-1220-PA-24 1A]


Permits for Recreation on Public Lands

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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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.
    The proposed rule is needed to remove from the regulations 
inconsistencies with the Federal Lands Recreation Enhancement Act 
(REA), which authorizes the Secretaries of the Interior and Agriculture 
to establish, modify, charge, and collect recreation fees at Federal 
recreation lands and waters for the next 10 years.

DATES: You should submit your comments by January 23, 2006. 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, Eastern States Office, 7450 Boston Boulevard, 
Springfield, Virginia 22153.
    Personal or messenger delivery: Room 401, 1620 L Street, NW., 
Washington, DC 20036.
    Federal eRulemaking Portal: http://www.regulations.gov.
    Internet e-mail: <a href="/cdn-cgi/l/email-protection#fd9e9290909893898ea28a9c8e9594939a899293bd9f9190d39a928b"><span class="__cf_email__" data-cfemail="3655595b5b53584245694157455e5f585142595876545a5b18515940">[email protected]</span></a>. (Include ``Attn: 
AD68'').

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.
    <bullet> You may mail comments to Director (630), Bureau of Land 
Management, Administrative Record, Room 401 LS, Eastern States Office, 
7450 Boston Boulevard, Springfield, Virginia 22153.
    <bullet> You may deliver comments to Room 401, 1620 L Street, NW., 
Washington, DC 20036.
    <bullet> You may comment on the rule at the Federal eRulemaking 
Portal: http://www.regulations.gov.
    <bullet> You may also comment via e-mail to: <a href="/cdn-cgi/l/email-protection#97f4f8fafaf2f9e3e4c8e0f6e4fffef9f0e3f8f9d7f5fbfab9f0f8e1"><span class="__cf_email__" data-cfemail="96f5f9fbfbf3f8e2e5c9e1f7e5fefff8f1e2f9f8d6f4fafbb8f1f9e0">[email protected]</span></a>.
    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

    The REA was passed in the 2005 Omnibus Appropriations bill signed 
into law on December 8, 2004. The Act provides authority for 10 years 
for the Secretaries of the Interior and

[[Page 70571]]

Agriculture to establish, modify, charge, and collect recreation fees 
for use of some Federal recreation lands and waters.
    Section 13 of REA repealed certain admission and use fee 
authorities, including Section 4(a) through (i) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a et seq.), and Section 
315 of the Department of the Interior and Related Agencies 
Appropriations Act, 1996 (as contained in section 101(c) of Public Law 
104-134; 16 U.S.C. 460l-6a). The latter provision authorized the 
Recreational Fee Demonstration Program, which BLM has used to fund many 
of our recreation sites. Because these authorities have been repealed, 
we need to amend BLM's recreation permit regulations to remove 
references to them.
    Under REA, BLM will--
    <bullet> Reinvest a majority of fees back to the site of collection 
to enhance visitor services and reduce the backlog of maintenance needs 
for recreation facilities (including trail maintenance, toilet 
facilities, boat ramps, hunting blinds, interpretive signs and 
programs);
    <bullet> Participate in an interagency fee program that reduces the 
number of national passes from four to one allowing visitors access to 
all Federal recreation lands and sites;
    <bullet> Provide more opportunities for public involvement in BLM's 
determination of recreation fee sites and fees; and
    <bullet> Provide for cooperation with gateway communities through 
fee management agreements for visitor and recreation services, 
emergency medical services, and law enforcement services.
    BLM does not and will not charge a fee for many recreation 
activities and sites on public lands. The REA includes additional 
provisions that build on BLM's past experiences in the recreation fee 
program and improve the fee program by clarifying the circumstances in 
which fees may be charged. Under the Act, BLM will not charge standard 
or expanded amenity recreation fees for--
    <bullet> General access to BLM areas;
    <bullet> Horseback riding, walking through, driving through, or 
boating through public lands where no facilities or services are used;
    <bullet> Access to overlooks or scenic pullouts;
    <bullet> Undesignated parking areas where no facilities are 
provided; or
    <bullet> Picnicking along roads or trails.
    In addition, individuals under 16 will not be charged an entrance 
or standard amenity fee.
    Under the REA, BLM will form and use Recreation Resource Advisory 
Committees for BLM sites and areas, or in lieu of a Recreation Resource 
Advisory Committee, may use a Resource Advisory Committee under another 
provision of law, to give communities additional opportunities to 
provide input on the establishment of a specific recreation fee site or 
the implementation of a fee, and will provide other opportunities for 
notice and public participation before establishing a new fee. We will 
also keep the visiting public informed on how we are using fee revenues 
to improve visitor facilities and services.

III. Discussion of Proposed Rule

    The proposed rule makes changes in the existing regulations on 
permits for recreation on public lands in order to bring them into 
conformance with the law, including the REA. This section of the 
preamble describes the changes made in each section of the regulations.

Section 2931.3 What are the authorities for these regulations?

    The proposed rule would amend this section to remove references to 
the repealed authority, portions of the Land and Water Conservation 
Fund Act, 16 U.S.C. 460l-6a, and add reference to the REA. It explains 
that the REA authorizes BLM to collect fees for recreational use of 
certain kinds of areas, and to issue special recreation permits for 
group activities, such as commercial outings, and recreation events, 
such as races or traditional assemblies. The rule also clarifies the 
authority contained in Section 303 of the Federal Land Policy and 
Management Act (FLPMA), 43 U.S.C. 1733. It also restates the functions 
of 18 U.S.C. 3571 and 3581 et seq., that they establish penalties of 
fines and imprisonment for violation of regulations. Finally, in this 
section, the rule removes paragraph (b) discussing 36 CFR part 71, 
because the regulations there are outdated.

Section 2932.57 Prohibited acts and penalties.

    In this section, which covers prohibited acts and penalties related 
to special recreation permits, the proposed rule would amend paragraph 
(b)(3) by removing reference to the Land and Water Conservation Fund 
Act and adding the REA in its place.
    Section 12(d) of the REA establishes limits on penalties for 
failure to pay recreation fees established under the Act. It provides 
for such failures to be punishable as Class A or Class B misdemeanors, 
but limits fines for a first offense to $100. (Under 18 U.S.C. 3571 and 
3581, a Class A misdemeanor is subject to a penalty of not more than 
$100,000 for an individual ($200,000 for an organization) or one year 
in jail. A Class B misdemeanor is subject to a fine of not more than 
$5,000 for an individual ($10,000 for an organization) or six months in 
jail.) We have also revised paragraph (b) of section 2932.57 to reflect 
this provision of the REA.

Section 2933.33 Prohibited acts and penalties.

    The proposed rule would amend this section, which states 
prohibitions and imposes penalties related to recreation use permits, 
by removing references to the Land and Water Conservation Fund Act, and 
substituting REA, where appropriate. To conform the prohibited acts in 
paragraph (a) of the section with the table of penalties in paragraph 
(d), we have added a provision to paragraph (a) requiring compliance 
with recreation use permit stipulations and conditions. The proposed 
rule would also remove unnecessary internal cross-references in this 
section, and correct inaccurate legal citations.

IV. Procedural Matters

Regulatory Planning and Review (E.O. 12866)

    This document is not a significant rule and was 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. The rule 
implements a new statute that affects all land managing agencies. The 
other agencies are cooperating with BLM in developing general 
guidelines for implementing the statute.
    (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. It maintains current policies on user fees.
    (4) This rule does not raise novel legal or policy issues. It cites 
new statutory authority that does not have substantially different 
effects on the program or the public.
    During fiscal year 2004, BLM issued just over 109,000 Special 
Recreation Permits of all kinds, with revenues totaling a little over 
$8 million deposited into the Land and Water Conservation Fund (LWCF), 
the Fee Demonstration Project, and other

[[Page 70572]]

miscellaneous accounts. These numbers are derived from the Public Land 
Statistics, and represent an increase of slightly more than fivefold 
since 1996. On the other hand, according to the American Recreation 
Coalition, Americans spent more than $108 billion on wildlife-related 
recreation (fishing, hunting, birdwatching, and so forth) alone. We 
give these numbers to illustrate that the fees 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, river running 
companies, sponsors of competitive events, ``snow bird'' seasonal 
mobile home campers who use BLM's long-term visitor areas, and private 
individuals and groups using certain special areas. Under current 
regulations, use fees are established by the BLM Director, who may 
adjust them from time to time to reflect changes in costs and the 
market, and published periodically in the Federal Register. BLM may 
charge actual costs, subject to certain limitations. During fiscal year 
2004, BLM issued just over 655,000 Recreation Use Permits for use of 
fee sites, with revenues totaling a little over $5,200,000. We state 
these figures to give some idea of the scope of the BLM recreation 
program in economic terms, and to show that the revenues from the 
program do not approach $100 million annually. The REA makes changes in 
the authorities for BLM's recreation fees, but Section 3 of the Act 
does not change the policy for setting those fees: ``The amount of the 
recreation fee shall be commensurate with the benefits and services 
provided to the visitor,'' and ``[t]he Secretary shall consider 
comparable fees charged elsewhere and by other public agencies and by 
nearby private sector operators.'' Thus, it is clear that the changes 
in the proposed rule will not have economic effects exceeding $100 
million annually.

Regulatory Flexibility Act

    The Department of the Interior certifies that this proposed rule 
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.). BLM recognizes that most commercial recreation enterprises--
outfitters, guides, river-running companies, local retail outlets--are 
small businesses, and that over 5,000 of them annually hold BLM 
commercial or competitive permits. Nevertheless, this proposed rule 
does not change permit fees, but rather updates the regulations to 
reflect changes in authorities for the fees and changes their 
allocation. Penalties for non-payment of fees would not affect 
outfitters, event organizers, and other commercial permittees, who must 
pay the fees before receiving permits.

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:
    <bullet> Does not have an annual effect on the economy of $100 
million or more. See the discussion under Regulatory Planning and 
Review, above.
    <bullet> 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 that BLM s fee schedule (set by the 1984 policy, 
not regulations) requires outfitters to pay.
    <bullet> 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 
changes in the regulations required by enactment of the REA will not 
lead to increases in user fees or any other cost factors that would 
impel recreationists to travel to comparable foreign recreation 
destinations.

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, BLM finds that the rule 
does not have significant takings implications. The proposed rule does 
not provide for forfeiture or derogation of private property rights. It 
merely updates the regulations to reflect changes in statutory 
authorities for the BLM recreation program covered by the regulations. 
A takings implications assessment is not required.

Federalism (E.O. 13132)

    In accordance with Executive Order 13132, BLM finds that 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.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments.

    In accordance with Executive Order 13175, we have found that this 
final rule does not include policies that have Tribal implications. The 
rule has no effect on Tribal lands, and affect member of Tribes only to 
the extent that they use public lands and facilities for recreation. 
The rule merely updates the regulations to reflect changes in statutory 
authorities.

E.O. 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use

    This rule is not a significant energy action. It will not have an 
adverse effect on energy supplies. The rule does not limit land use by 
energy companies. It applies only to permits for recreational use of 
public lands, how BLM collects revenues and applies them to the 
program.

Paperwork Reduction Act

    These regulations do not contain information collection 
requirements that the Office of Management and Budget must approve 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.

National Environmental Policy Act

    BLM has determined that this proposed rule updating the recreation 
permit regulations to recognize and reflect changes in statutory 
authorities governing the payment and allocation of permit fees and the 
penalties for nonpayment is a regulation of an administrative, 
financial, legal, and procedural nature. Therefore, it is categorically 
excluded from environmental review under section 102(2)(C) of the 
National Environmental Policy Act, pursuant to 516 Departmental Manual 
(DM), Chapter 2, Appendix 1. In addition, the proposed

[[Page 70573]]

rule does not meet any of the 10 criteria for exceptions to categorical 
exclusions listed in 516 DM, Chapter 2, Appendix 2. Pursuant to Council 
on Environmental Quality regulations (40 CFR 1508.4) and the 
environmental policies and procedures of the Department of the 
Interior, the term ``categorical exclusions'' means a category of 
actions which do not individually or cumulatively have a significant 
effect on the human environment and that have been found to have no 
such effect in procedures adopted by a Federal agency and for which 
neither an environmental assessment nor an environmental impact 
statement is required. Therefore, a detailed statement under the 
National Environmental Policy Act of 1969 is not required.

Author

    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.

List of Subjects in 43 CFR Part 2930

    Penalties; Public lands; Recreation and recreation areas; Reporting 
and recordkeeping requirements; Surety bonds.

    For the reasons explained in the preamble, and under the authority 
of 43 U.S.C. 1740, we propose to amend chapter II, subtitle B of title 
43 of the Code of Federal Regulations as follows:

    Dated: October 24, 2005.
Chad Calvert,
Acting Assistant Secretary of the Interior, Land and Minerals 
Management.

PART 2930--PERMITS FOR RECREATION ON PUBLIC LANDS

    1. The authority citation for part 2930 is revised to read as 
follows:

    Authority: 43 U.S.C. 1740; 16 U.S.C. 6802.

Subpart 2931--Permits for Recreation; General

    2. Revise section 2931.3 to read as follows:


Sec.  2931.3  What are the authorities for these regulations?

    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 Federal Land Recreation Enhancement Act, 16 U.S.C. 6801 et seq.
    (a) The Federal Land Policy and Management Act (FLPMA) contains the 
Bureau of Land Management's (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)). 
Section 302(b) of FLPMA directs the Secretary of the Interior to 
regulate through permits or other instruments the use of the public 
lands, which includes commercial recreation use. Section 303 of FLPMA 
authorizes BLM to promulgate and enforce regulations, and establishes 
the penalties for violations of the regulations.
    (b) The Federal Land Recreation Enhancement Act (REA) authorizes 
BLM to collect fees for recreational use in areas meeting certain 
criteria (16 U.S.C. 6802(f) and (g)(2)), and to issue special 
recreation permits for group activities and recreation events (16 
U.S.C. 6802(h).
    (c) 18 U.S.C. 3571 and 3581 et seq. establish sentences of fines 
and imprisonment for violation of regulations.

Subpart 2932--Special Recreation Permits for Commercial Use, 
Competitive Events, Organized Groups, and Recreation Use in Special 
Areas [Amended]

    3. Amend section 2932.57 by revising paragraph (b) to read as 
follows:


Sec.  2932.57  Prohibited acts and penalties.

* * * * *
    (b) Penalties. (1) If you are convicted of any act prohibited by 
paragraphs (a)(2)-(a)(7) of this section, you may be subject to a 
sentence of a fine or imprisonment or both for a Class A misdemeanor in 
accordance with 18 U.S.C. 3571 and 3581 et seq. under the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1733(a)).
    (2) If you are convicted of any act prohibited by paragraph (a)(1) 
of this section, you may be subject to a sentence of a fine not to 
exceed $100 for the first offense, or a sentence of a fine and or 
imprisonment for a Class A or B misdemeanor in accordance with 18 
U.S.C. 3571 and 3581 et seq. for all subsequent offenses.
    (3) 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 permit.

Subpart 2933--Recreation Use Permits for Fee Areas

    4. Amend section 2933.33 by revising paragraphs (a), (b), and (d) 
to read as follows:


Sec.  2933.33  Prohibited acts and penalties.

    (a) Prohibited acts. You must not--
    (1) Fail to obtain a use permit or pay any fees required by this 
subpart;
    (2) Violate the stipulations or conditions of a permit issued under 
this subpart;
    (3) Fail to pay any fees within the time specified;
    (4) Fail to display any required proof of payment of fees;
    (5) Willfully and knowingly possess, use, publish as true, or sell 
to another, any forged, counterfeited, or altered document or 
instrument used as proof of or exemption from fee payment;
    (6) Willfully and knowingly use any document or instrument used as 
proof of or exemption from fee payment, that BLM issued to or intended 
another to use; or
    (7) Falsely represent yourself to be a person to whom BLM has 
issued a document or instrument used as proof of or exemption from fee 
payment.
    (b) Evidence of nonpayment. BLM will consider failure to display 
proof of payment on your unattended vehicle parked within a fee area, 
where payment is required to be prima facie evidence of nonpayment.
* * * * *
    (d) Types of penalties. You may be subject to the following fines 
or penalties for violating the provisions of this subpart:

------------------------------------------------------------------------
 If you are convicted of * *     then you may be
              *                 subject to * * *         under * * *
------------------------------------------------------------------------
(1) Any act prohibited by     A sentence of a fine  The Federal Land
 paragraph (a)(4), (5), or     and/or imprisonment   Policy and
 (6) of this section.          for a Class A         Management Act of
                               misdemeanor in        1976 (43 U.S.C.
                               accordance with 18    1733(a)).
                               U.S.C. 3571 and
                               3581 et seq.
(2) Violating any regulation  A sentence of a fine  The Federal Land
 in this subpart or any        and/or imprisonment   Policy and
 condition of a Recreation     for a Class A         Management Act of
 Use Permit.                   misdemeanor in        1976 (43 U.S.C.
                               accordance with 18    1733(a)).
                               U.S.C. 3571 and
                               3581 et seq.

[[Page 70574]]

 
(3) Any act prohibited by     A fine not to exceed  The Federal Lands
 paragraph (a)(1), (2), or     $100 for the first    Recreation
 (3) of this section.          offense, or a         Enhancement Act (16
                               sentence of a fine    U.S.C. 6811).
                               and/or imprisonment
                               for a Class A or B
                               misdemeanor in
                               accordance with 18
                               U.S.C. 3571 and
                               3581 et seq. for
                               all subsequent
                               offenses.
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[FR Doc. 05-23113 Filed 11-21-05; 8:45 am]
BILLING CODE 4310-84-P


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