7878 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Proposed Rules

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2920

[WO–350–1430–00–24 1A]

RIN: 1004–AB51

Permits, Leases and Trespass;

Procedures for Action on Use,

Occupancy and Development;

Unauthorized Use; and Cost

Reimbursement for Processing and

Monitoring Permits and Leases for Use

of Public Lands

AGENCY: Bureau of Land Management,

Interior.

ACTION: Further proposed rule.

SUMMARY: This further proposed rule on

permits and leases for use of public

lands administered by the Bureau of

Land Management (BLM) amends the

proposed rule published in the Federal

Register on November 21, 1990 (55 FR

48810). The 1990 rule proposed to

amend the regulations on leases,

permits, easements, and trespass in 43

CFR parts 2920 and 9230, currently in

effect. This further proposed rule would

create two categories of permits for

proposed uses of public lands:

‘‘minimum impact permits’’ and ‘‘full

permits.’’ ‘‘Minimum impact permits’’

would be issued for activities that are

likely to have a minimal impact on the

public lands and their resources. BLM

decisions to issue minimum impact

permits would become effective

immediately upon signature by the BLM

authorized officer and would not be

subject to the general appeals process

provided in 43 CFR 4.21(a). ‘‘Full

permit’’ decisions, by contrast, would

not become effective until after a

minimum period of 30 days during

which a person may file an appeal

under 43 CFR part 4.

In this further proposed rule, BLM

invites public comment on the new

minimum impact permit provisions, as

well as on several other provisions that

did not appear in the original proposed

rule or have been substantially revised

since that rule was published in 1990.

These provisions concern rental and fee

schedules for commercial filming and

photography, hazardous materials,

outdoor advertising, criminal penalties,

and conformity of applications to land

use planning. Finally, BLM requests

suggestions and comments from the

public on 5 specific issues relating to

permits and rental schedules.

DATES: Comments on this further

proposed rule must be submitted by

April 10, 1995. No comments

postmarked after this date will be

considered in preparation of the final

rule, nor will any additional comments

be accepted on the original proposed

rule published in 1990. The Department

will consider all timely comments

submitted on the further proposed rule,

as well as the comments received in

1990–91 on the original proposed rule,

in preparing the final rule.

ADDRESSES: Comments should be sent

to: Director (140), Bureau of Land

Management, Room 5555, Main Interior

Bldg., 1849 C Street NW., Washington,

DC 20240. Comments on the further

proposed rule will be available for

public review in Room 5555 of the

above address during regular business

hours (7:45 a.m. to 4:15 p.m.), Monday

through Friday.

FOR FURTHER INFORMATION CONTACT: Jim

Paugh, (307) 775–6306, or Ray Brady,

(202) 452–7780.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. The Existing Regulations

The existing regulations in 43 CFR

part 2920 establish the procedures for

obtaining land use authorizations from

the BLM in the form of permits, leases,

and easements to use, occupy, and

develop the public lands for activities

not specifically covered by other

authorizing regulations, such as grazing

(43 CFR part 4100), recreation (43 CFR

part 8300), and others. All land use

authorizations in the existing

regulations in part 2920 are now subject

to the appeals process described in 43

CFR part 4, which includes a 30-day

period in which a person adversely

affected by BLM’s decision may file a

notice of appeal to the Interior Board of

Land Appeals (IBLA). The land use

authorization becomes effective at the

end of the 30-day appeal period unless

the appellant files a petition for a stay

pending appeal. The IBLA has 45 days

from the expiration of the 30-day appeal

period to grant or deny the stay.

Under the existing regulations, the

BLM may issue a type of permit called

a ‘‘minimum impact permit’’ for

activities that do not cause appreciable

damage or disturbance to the public

lands, their resources or improvements

(43 CFR 2920.2–2). The BLM is not

required to publish a Notice of Realty

Action for minimum impact permits.

Minimum impact permits are subject,

however, to the 30-day appeal period

before they can become effective.

Examples of uses considered for

minimum impact permits under the

present regulations include apiary (bee

hive) sites; temporary storage of hay,

ranching and farming equipment, and

dismantled drilling rigs; limited

commercial filming and photography

activities; special events and gatherings;

and soil core sampling. The only written

criteria to assist the BLM authorized

officer in determining whether a

particular use constitutes minimum

impact are outlined in a BLM

instruction memorandum, and currently

apply only to commercial filming and

photography.

B. The 1990 Proposed Rule

The original proposed rule published

in the Federal Register on November 21,

1990, would substantially revise the

existing regulations. It would eliminate

the current ‘‘easement’’ category of land

use authorizations, improve procedures

for protecting public lands and

resources from unauthorized use, and

revise the procedures for administering,

assigning, and terminating permits and

leases. The original proposed rule

would also dramatically change the

existing appeals process for permits by

making all permit decisions effective

immediately upon signature by the

authorized officer. The 30-day waiting

period under 43 CFR 4.21 would not

apply. The sole administrative review of

a permit decision is provided in

§ 2924.1–1 in the original proposed rule.

It allows parties adversely affected by an

authorized officer’s permit decision to

request an administrative review by the

authorized officer’s immediate

supervisor. No further administrative

review is allowed in that rule. The 1990

proposed rule would not include a

minimum impact permit category.

C. The Further Proposed Rule

This further proposed rule attempts to

strike a balance between the permit

appeals process under the existing

regulations and that proposed in the

1990 rule. Under the current

regulations, permit decisions do not

become effective until after a minimum

30-day period in which an adversely

affected person may file an appeal

under 43 CFR 4.21(a) and 43 CFR

4.411(a). By contrast, the 1990 proposed

rule would make all BLM permit

decisions effective immediately.

This further proposed rule would

create 2 categories of permits:

‘‘minimum impact permits’’ and ‘‘full

permits.’’ Only minimum impact permit

decisions would become effective

immediately. The criteria for

determining when BLM should issue a

minimum impact permit or a full permit

are outlined in the rule.

The structure of the original 1990

proposed rule has been somewhat

reorganized, and that reorganization is
Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Proposed Rules 7879

reflected in this further proposed rule.

For example, § 2921.8 on appeals, in

this rule, appeared with different

wording as subpart 2924 in the 1990

proposed rule. Subpart 2923 of the

original proposed rule, regarding the

administration of permits and leases,

has been redesignated as subpart 2924.

Section 2924.1–2 would be added to

that subpart in this further proposed

rule to introduce the proposed rental fee

schedule for commercial filming and

photography. Because that section

number (2924.1–2) was contained in the

original proposed rule, the amendatory

language in this further proposed rule

states that the section is ‘‘revised,’’ but

there is no connection between the

original § 2924.1–2 on appeals and the

new proposed § 2924.1–2 on fees, other

than the section number itself. The

reorganization of the original proposed

rule does not affect any other section

numbers in this further proposed rule.

Other section number changes are only

to accommodate the insertion of new

sections.

Other subjects addressed in this

further proposed rule are discussed in

detail in the section-by-section analysis

below. No provisions of 43 CFR part

9230 concerning trespass, which BLM

proposed to amend in the original

proposed rule, would be affected by this

further proposed rule.

D. Commercial Filming on Public Lands

On September 13, 1993, the BLM met

with representatives from the U.S.

Forest Service, National Park Service,

filming and photography industry, and

environmental organizations to discuss

filming on public lands. The film

industry representatives urged BLM to

adopt an expedited permit authorization

process. Environmental group

representatives favored written

standards to ensure that an accelerated

permit process would be carried out in

a manner that would protect the public

lands and their resources.

This further proposed rule establishes

criteria for minimum impact permits

intended to meet concerns of the film

industry as well as environmental

groups. These criteria would apply to all

uses of public lands for which permits

may be granted under part 2920, not just

filming. The minutes of the September

1993 meeting are available for public

review at each BLM State Office or may

be obtained by contacting the Director

(260), Bureau of Land Management,

1849 C Street, NW., Mail Stop 1000 LS,

Washington, DC 20240.

II. Section-by-Section Analysis

Section 2920.0–5 Definitions

This further proposed rule would

introduce some important definitions,

including ‘‘full permit’’ and ‘‘minimum

impact permit.’’ These two terms are

essential to an understanding of this

further proposed rule, and are explained

fully in the discussion of § 2921.7,

below. Also added are definitions of

‘‘location’’ and ‘‘staging area’’ as they

pertain to the film industry, a definition

of ‘‘wetlands’’ (the presence of wetlands

is a threshold criterion for requiring a

full permit), and a definition of

‘‘hazardous material.’’ Finally, the

further proposed rule would revise the

definition of ‘‘casual use’’ that appeared

in the 1990 proposed rule. The new

definition would emphasize the

noncommercial and occasional nature of

the activities that constitute casual use.

Section 2921.3 Prohibited Acts

This section of the 1990 proposed rule

has been amended by adding a new

paragraph (e) containing a list of

prohibited acts in addition to the acts

listed in other paragraphs of the section

that constitute trespass. These new

prohibited acts include failure to

comply with terms and conditions

imposed under the regulations, failure

to comply with permit or lease

stipulations required by the authorized

officer, transfer of a lease to another

party without approval by the

authorized officer, use of a permit or

lease after the expiration date or for

purposes other than those specified in

the permit, failure to comply with any

BLM notice or temporary suspension

order, failure to make any required

payments, failure to comply with

reclamation requirements, and

subleasing. Also added are prohibited

acts related to hazardous materials and

the disposal of solid wastes. To

accommodate this addition, the

proposed paragraph (e) would be

redesignated as (f), the original

paragraph (f) becomes § 2921.4—

Penalties, which would be revised as

discussed below, and the original

§ 2921.4 becomes § 2921.5.

Section 2921.4 Penalties

This section would amend the

original proposed rule to reflect

amendments of the Sentencing Reform

Act of 1984 that provide increased

criminal penalties for violations of

Federal law, including violations under

section 303(a) of the Federal Land

Policy and Management Act of 1976

(FLPMA), 43 U.S.C. 1733(a). The

Criminal Fine Improvements Act of

1987 (Pub.L. 100–185, section 6, 101

Stat. 1279, 1280 (1987)) amends Title 18

of the United States Code (18 U.S.C.

3571) by increasing maximum fines for

Class A misdemeanors under 18 U.S.C.

3559 (such as violations under section

303(a) of FLPMA) to $100,000 for

individuals and $200,000 for

organizations. Thus, this further

proposed rule would make it clear that

criminal penalties for violation of the

regulations in part 2920 are not limited

to the amounts specified in FLPMA.

Section 2921.6 Activities Requiring a

Permit

This section would require all

commercial users of the public lands,

and noncommercial users whose

activities exceed casual use, to apply for

a permit. Casual use activities would

not require a permit.

Paragraph (b) of § 2921.6 would

specifically address permit

requirements for professional still

photographers and videotapers. Most

professional and amateur photographers

would be allowed to make still

photographs and videos on public lands

without permits or the payment of fees.

Tourists and recreational photographers

also are not required to obtain permits

for taking pictures or making videos on

public lands. Professional

photographers taking pictures of public

land users (such as those engaged in

recreational activities) for the express

purpose of selling the pictures to the

land users would be required to obtain

permits. Permits would also be required

for photography performed under a

sales contract (for example, a contract

for photographs for postcards,

calendars, or books), or photography

using the public lands as a location or

background for advertising commercial

products. Finally, permits would be

required for photography, if it is

reasonably likely that public lands or

resources, such as archaeological or

historic artifacts or features, could be

adversely affected. Permits are

necessary in such cases as vehicles for

enforceable conditions that would

protect these resources.

Section 2921.7 Minimum Impact

Permits and Full Permits

A new § 2921.7 would establish

criteria to assist BLM in determining

whether issuance of a minimum impact

permit or a full permit would be

appropriate for a proposed use of public

lands. Minimum impact permits could

be issued if the activity fit the definition

in § 2920.0–5 and did not involve any

of the conditions listed in § 2921.7(b) or

(c). The BLM proposes to adopt these

criteria for all types of land uses that are
7880 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Proposed Rules

considered for minimum impact permits

under the existing regulations.

A prospective applicant would have

the opportunity to discuss these criteria

with the authorized officer during the

pre-application phase of the permitting

process described in § 2922.1 of the

1990 proposed rule. During this

discussion, the authorized officer would

also inform prospective applicants of

other possible resource management

conflicts, legal approvals required, and

other interested or affected public land

users or interest groups. This would

assist prospective applicants at the

outset to assess the likelihood of

obtaining a minimum impact permit,

and would enable them to locate other

available land quickly for the proposed

activity, rather than seek a full permit

with its attendant delays.

Section 2921.8 Appeals

Section 2921.8 in this further

proposed rule supersedes subpart 2924,

concerning appeals, in the 1990

proposed rule. The further proposed

rule provides that all minimum impact

permit decisions of an authorized officer

would be effective immediately unless a

person adversely affected appeals and

demonstrates to the Interior Board of

Land Appeals (IBLA) that the action

should be stayed pending appeal. The

general provisions of 43 CFR 4.21(a)

would not apply to a decision or

approval of the authorized officer for

any minimum impact permit, except

that parties eligible to maintain an

appeal under 43 CFR 4.21(a) would also

be able to file a request for a stay of

decision with the IBLA. The IBLA could

grant a stay if the petitioner

demonstrated sufficient justification.

Section 2921.9 Outdoor Advertising

This new provision is a crossreference to regulations of the

Department of Transportation on

outdoor advertising.

Section 2922.2–1 Applications Not

Conforming to Land Use Plans

Section 2922.2–1 has been added to

make clear that applications are

required to conform to BLM land use

plans, and that any applications that do

not conform to BLM plans must be

modified or they will be rejected.

Applications so rejected due to

nonconformance with BLM land use

plans are subject to appeal pursuant to

43 CFR part 4.

Section 2922.2–3 Application Content

This provision was suggested in

public comments on the original

proposed rule. Provisions restricting the

use, storage, or production of hazardous

materials on lands subject to permits or

leases would be added as § 2922.2–4(m).

Related amendments are proposed in

§§ 2921.3 and 2922.2–3 to prohibit

treatment and disposal of hazardous

materials and certain solid wastes on

public lands, and requiring applications

for permit or lease to disclose whether

hazardous materials would be involved

in the activity.

Section 2924.1–2 Rental and Fee

Schedules for Film and Photography

Permits

Rental and fee schedules for

commercial filming and photography

would be added in a new § 2924.1–2.

The schedules are intended to be

reasonable and easy to implement, and

have been developed in consultation

with other land managing agencies of

the Department of the Interior and with

the Forest Service. The schedules do not

include recovery of the costs of

processing an application. Cost recovery

provisions for permits and leases were

included in the original proposed rule.

The rental payments are intended to

reflect fair market value of the use of

public lands and their resources for a

specified period. In developing the

rental schedule, the BLM considered

comments from industry and other

Federal agencies, and interviews with

private property owners who rent land

to film production companies. Private

property owners take into account the

nature of the activities to be conducted

on their land, the number of people, and

the duration of the use.

III. Request for Comments

To assist the public in the

development of comment on this further

proposed rule, copies of the original

November 21, 1990, proposed rule (55

FR 48810) may be obtained by request

to the office identified in ADDRESSES,

above. However, the substance of this

further proposed rule may be

understood without reference to the

1990 proposed rule.

In addition to inviting comments on

this further proposed rule, the BLM

specifically requests responses to the

following questions related to leases and

permits:

1. Under the existing regulations, all

permits and leases are subject to a 30-

day appeal period before they become

effective. The 1990 proposed rule would

make all leases and permits effective

immediately upon issuance by the BLM

authorized officer. Under the current

proposal, only minimum impact permits

would be effective immediately; leases

and other permits would remain subject

to the 30-day waiting period prescribed

in 43 CFR part 4. Which approach do

you think is appropriate?

2. Should the BLM issue minimum

impact permits for all types of activities

authorized under 43 CFR part 2920 or

only for filming or photography?

3. Are the standards set forth in

§ 2921.7 appropriate and sufficient for

determining whether a proposed

activity should require a full permit or

a minimum impact permit?

4. Is the U.S. Department of Labor

Consumer Price Index for All Urban

Consumers (CPI–U), U.S. City Average

an appropriate index for adjusting rental

schedules in future years?

5. Should free-lance professional still

photography be considered a casual use

activity that is exempt from the permit

requirements, except in those situations

listed in § 2921.6(b) of the further

proposed rule, or should free-lance

professional still photographers be

required to obtain a permit in all cases

and pay appropriate fees?

The principal authors of this further

proposed rule are Jim Paugh, Wyoming

State Office, David Cavanaugh, Chief

Appraiser, and Ray Brady, Chief,

Division of Lands, assisted by the staff

of the Division of Legislation and

Regulatory Management, Bureau of

Land Management, and the Office of the

Solicitor, Department of the Interior.

We have determined that this further

proposed rule does not constitute a

major Federal action significantly

affecting the quality of the human

environment. The BLM has prepared an

environmental assessment of the

impacts of the rule and has determined

that no detailed statement pursuant to

section 102(2)(C) of the National

Environmental Policy Act of 1969 (42

U.S.C. 4332(2)(C)) is required. The rule

would merely simplify and streamline

procedures for permit issuance. Each

application for a permit or lease is, and

under this rule would remain, subject to

environmental analysis and, if

determined necessary, an environmental

impact statement.

This rule was not subject to review by

the Office of Management and Budget

under Executive Order 12866.

The Department has determined

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) that the rule will not

have a significant economic impact on

a substantial number of small entities.

The rule favors no demographic group.

The fee schedule imposed by the rule is

graduated according to the size of the

permittee, so that larger entities with

more personnel and equipment using

the public lands would pay larger fees.

The costs would be minimized for those

small entities that would cause less

damage to the public lands being used
Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Proposed Rules 7881

and less interference with other uses

and users.

Because the rule will result in no

taking of private property and no

impairment of property rights, the

Department certifies that this rule does

not represent a governmental action

capable of interference with

constitutionally protected property

rights, as required by Executive Order

12630.

The Department has certified to the

Office of Management and Budget that

these regulations meet the applicable

standards provided in sections 2(a) and

2(b)(2) of Executive Order 12778.

The information collection

requirement(s) contained in part 2920

have been approved by the Office of

Management and Budget under 44

U.S.C. 3501 et seq. and assigned

clearance number 1004–0009.

List of Subjects for 43 CFR Part 2920

Public lands, Reporting and

recordkeeping requirements.

For the reasons stated in the

preamble, and under the authority of 43

U.S.C. 1740, the proposed rule

published at 55 FR 48810, November 21,

1990, which would amend part 2920,

group 2900, subchapter B, chapter II,

Subtitle B, Title 43 of the Code of

Federal Regulations, is proposed to be

amended as follows:

PART 2920—PERMITS AND LEASES,

PRINCIPLES AND PROCEDURES

1. The authority citation for part 2920

is revised to read as follows:

Authority: 43 U.S.C. 1740.

2. Section 2920.0–5 in the proposed

rule is further amended by adding in

alphabetical order definitions to read as

follows:

§ 2920.0–5 Definitions.

* * * * *

Full permit means an authorization

for an activity that would result in more

than minimal impacts on public lands,

or their resources or improvements, as

measured by the criteria set forth in

§ 2921.7, or for which reclamation or

restoration requires more than minimal

effort.

Hazardous material means any

substance that is listed as hazardous,

toxic, or dangerous, or defined as

nuclear or byproduct material, under

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980, as amended, 42 U.S.C. 9601

et seq., the Resource Conservation and

Recovery Act of 1976, as amended, 42

U.S.C. 6901 et seq., the Atomic Energy

Act of 1954, as amended, 42 U.S.C. 2011

et seq., or the regulations issued under

those laws. The term does not include

petroleum, including crude oil or any

fraction thereof, unless the substance is

specifically listed or designated as a

hazardous substance under 42 U.S.C.

9601(14), nor does it include natural

gas, natural gas liquids, liquefied

natural gas, or synthetic gas usable for

fuel (or mixtures of natural gas and such

synthetic gas).

Location means each place on public

lands used for film production

purposes.

Minimum impact permit means an

authorization for an activity that would

likely result in little or no damage to

public lands, or their resources or

improvements, as measured by the

criteria set forth in § 2921.7, and which

damaged resources can be easily

reclaimed or restored.

Staging area means each place on

public lands used for parking, catering,

and off-set construction associated with

film production.

Wetlands means areas that are

inundated or saturated by surface or

ground water at a frequency and

duration sufficient to support and

which, under normal circumstances, do

support a prevalence of vegetation

typically adapted for life in saturated

soil conditions.

* * * * *

3. Section 2920.0–5 in the proposed

rule is further amended by revising the

definition of ‘‘casual use’’ to read as

follows:

§ 2920.0–5 Definitions.

* * * * *

Casual use means noncommercial

activities occurring on an occasional or

irregular basis that ordinarily result in

negligible disturbance of public lands,

or their resources or improvements, and

require no reclamation or restoration.

4. Section 2921.2 in the proposed rule

is further amended by adding paragraph

(c) to read as follows:

§ 2921.2 Terms and conditions.

* * * * *

(c)(1) The lessee or permittee must

furnish to the authorized officer a copy

of any report required or requested by

any Federal, State, or local government

agency regarding any release of

hazardous substances under the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980, as amended, 42 U.S.C. 9601

et seq. (CERCLA) in excess of the

reportable quantity established by 40

CFR part 117.

(2) The lessee or permittee must

report any release of a hazardous

substance as defined in CERCLA in

excess of the reportable quantity

established by 40 CFR part 117, or any

oil spill, as required under CERCLA and

the National Oil and Hazardous

Substances Pollution Contingency Plan

(40 CFR part 300), and must send copies

of such reports to the authorized officer

within 5 days.

(3) The lessee or permittee must

notify the authorized officer within 5

days if there is a significant variation

from the authorized use with respect to

hazardous materials and their use,

generation, or storage.

5. Section 2921.4 of the proposed rule

is redesignated as section 2921.5.

6. Section 2921.3 of the proposed rule

is further amended by redesignating

paragraph (f) as section 2921.4,

redesignating paragraph (e) as paragraph

(f), and adding paragraph (e) to read as

follows:

§ 2921.3 Prohibited acts.

* * * * *

(e) Additional prohibited acts not

related to trespass include but are not

limited to:

(1) Failure to comply with any of the

terms and conditions imposed under

§ 2921.2 of this part;

(2) Failure to comply with any permit

or lease stipulations required by the

authorized officer;

(3) Transfer of a lease to another party

prior to written approval by the

authorized officer;

(4) Use of a permit after the expiration

date or for purposes other than those

specified in the permit;

(5) Use of a lease after the expiration

date or for purposes other than those

specified in the lease without the

written approval of the authorized

officer;

(6) Failure to comply with any Bureau

of Land Management notice or

temporary suspension order;

(7) Failure to pay any required fee or

payment;

(8) Failure to comply with

requirements for restoration,

revegetation, and curtailment of erosion

of the land surface, or any other

reclamation measure determined

necessary by the authorized officer.

(9) Subleasing lands leased under this

part.

(10) Treatment or disposal of

hazardous materials on leased or

permitted lands.

(11) Disposal of solid wastes as

defined in the Resource Conservation

and Recovery Act of 1976, as amended,

42 U.S.C. 6901 et seq., and the

regulations issued under that Act.

* * * * *

7. Section 2921.3(f) of the original

proposed rule is redesignated as section

2921.4 and revised to read as follows:
7882 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Proposed Rules

§ 2921.4 Penalties.

(a) In addition to the civilly

enforceable penalties listed in this part,

any person who knowingly and

willfully violates any regulation in

§ 2921.3 may be tried before a

designated United States magistrate and

fined in accordance with Title 18 of the

United States Code, or imprisoned for

no more than 12 months, as provided by

Section 303(a) of the Federal Land

Policy and Management Act of 1976, as

amended (43 U.S.C. 1733(a)), or both.

Under the Sentencing Reform Act of

1984, as amended by the Criminal Fine

Improvements Act of 1987, (18 U.S.C.

3571), an individual who has been

found guilty of an offense under this

part may be fined not more than

$100,000, and an organization that has

been found guilty of an offense under

this part may be fined not more than

$200,000.

(b) In addition to the criminal

penalties for offenses under section

303(a) of the Federal Land Policy and

Management Act, any person who

willfully injures any property of the

United States, or of any department or

agency of the United States, may be

punished in accordance with 18 U.S.C.

1361, as follows: If the property damage

exceeds the sum of $100, by a fine of not

more than $10,000 or imprisonment for

not more than ten years, or both. Under

18 U.S.C. 3559(a)(4), an offense under

18 U.S.C. 1361 is classified as a Class D

felony. An individual who has been

found guilty of a Class D felony may be

fined not more than $250,000, and an

organization may be fined not more than

$500,000, under the Criminal Fine

Improvements Act of 1987 (18 U.S.C.

3571).

8. Section 2921.6 is added to the

original proposed rule to read as

follows:

§ 2921.6 Activities requiring a permit.

(a) General. All commercial activities

require a permit, unless they require a

lease under § 2921.1(b). Noncommercial

activities may require a permit or lease

if the authorized officer determines that

they are likely to result in more than

casual use. Casual use activities do not

require a permit or lease.

(b) Still photography, or camcorders

and other videotaping. A permit is

required for professional still

photography, or the professional use of

camcorders or other videotaping

equipment, on public lands only under

the following circumstances:

(1) If photographs or videos of public

land users will be made with the

express purpose of selling the

photographs or videos to those same

users;

(2) If photographs or videos are made

under an existing contract to sell them;

(3) If photographs or videos of

commercial products are made on

public lands for advertising purposes; or

(4) If the photography or videotaping

is reasonably likely to affect adversely

the public lands or their resources.

6. Section 2921.7 is added to the

original proposed rule to read as

follows:

§ 2921.7 Minimum impact permits and full

permits.

(a) In response to a permit

application, the authorized officer may

issue a minimum impact permit or a full

permit based on the criteria in

paragraphs (b) and (c) of this section, or

based on the criteria in a validly

adopted decision document referred to

in paragraph (d)(1) of this section. Any

permit application for an activity as to

which the authorized officer determines

that the criteria in paragraphs (b) and (c)

of this section do not apply will be

considered for a minimum impact

permit.

(b) The authorized officer will not

issue a minimum impact permit, but

will consider issuing a full permit,

when any of the following conditions

apply:

(1) Any crucial or critical wildlife

habitat (recognizing seasonal

variations), or sensitive, threatened, or

endangered species, may be affected.

(2) There is a reasonable likelihood

that a Native American sacred site

would be affected.

(3) There is a major use of

pyrotechnics.

(4) There is a reasonable likelihood of

more than minimal impact on soil, air,

or water.

(5) Explosives will be used.

(6) Heavy equipment will be used in

a manner likely to cause environmental

damage.

(7) There is danger of introduction of

exotic species into the area.

(8) There may be disturbance of

resource values, including, but not

limited to, any of the following:

(i) Historical, cultural, or

paleontological sites;

(ii) Sensitive soils;

(iii) Relict environments, those

surviving from an earlier period in a

particular area;

(iv) Wetlands or riparian areas; or

(v) Areas of Critical Environmental

Concern designated under § 1610.7–2 of

this title;

(c) The authorized officer will not

issue a minimum impact permit, but

will consider issuing a full permit, if the

activity meets the conditions of both

paragraphs (c)(1) and (c)(2) of this

section, as follows:

(1) The activity is located in any of

the following:

(i) BLM-designated Wilderness Study

Areas.

(ii) Areas proposed for wilderness

designation in legislation currently in

Congress;

(iii) Wild and Scenic River corridors;

(iv) Areas or sites on the National

Register of Historic Places;

(v) Other sensitive areas as

determined by the authorized officer;

and

(2) One or more of the following

activities will occur in the permit area:

(i) Vehicles will be used, except on

roads that are mechanically constructed;

(ii) Facilities or film sets will be

constructed;

(iii) There will be significant

restriction of public access;

(iv) There will be significant use of

domestic livestock;

(v) Aircraft will be used;

(vi) Fifteen (15) or more vehicles will

be used;

(vii) Seventy five (75) or more people

will be present at any one time; or

(viii) The activity will continue for

more than 10 days.

(d)(1) The provisions of paragraphs (b)

and (c) of this section do not apply if:

(i) The Bureau of Land Management

has established criteria for minimum

impact permits in a validly adopted

decision document covering the

proposed activity and the specific

public lands that are the subject of the

permit application;

(ii) The decision document was

signed before (30 days after publication

of the final rule); and

(iii) The decision document’s

rationale and supporting environmental

analysis are valid at the time the permit

is issued.

(2) If all of the requirements listed in

paragraph (d)(1) of this section are met,

the authorized officer will apply the

minimum impact permit criteria

established in the decision document to

determine whether a minimum impact

permit or a full permit is appropriate for

the proposed activity.

(3) If, after (30 days after publication

of the final rule), the Bureau of Land

Management prepares or amends a

decision document covering the

activities and public lands that are the

subject of a permit application, the

authorized officer will apply the criteria

in paragraphs (b) and (c) of this section

to determine whether a minimum

impact permit or a full permit is

appropriate.

9. Section 2921.8 is added to the

original proposed rule to read as

follows:
Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Proposed Rules 7883

§ 2921.8 Appeals.

(a) Minimum impact permits. All

minimum impact permit decisions of

the authorized officer will be effective

immediately upon signature by the

authorized officer and will remain

effective during the pendency of an

appeal unless the Interior Board of Land

Appeals (IBLA) or the authorized officer

determines that the decision should be

stayed as provided in this paragraph.

The provisions of § 4.21(a) of this title

do not apply to any decision or approval

of the authorized officer on a minimum

impact permit under this part, except

that a party who may properly maintain

an appeal under 43 CFR 4.21(a) of this

title may file a petition for a stay

together with a timely notice of appeal.

A petition for a stay of a decision or

approval of the authorized officer must

be filed with IBLA showing sufficient

justification under the standards set

forth in § 4.21(b) of this title. Nothing in

this paragraph diminishes the

discretionary authority of the authorized

officer to stay a decision subject to

appeal upon a request by an adversely

affected party or on the authorized

officer’s own initiative.

(b) Full permits and leases. All

decisions of the authorized officer

approving or denying a full permit and

all decisions approving or denying a

lease will be subject to the appeal

provisions in part 4 of this title.

10. Section 2921.9 is added to the

proposed rule to read as follows:

§ 2921.9 Outdoor advertising.

Permits or leases for the erection and

maintenance of outdoor advertising

signs, displays, and devices adjacent to

Interstate Highways will be issued

pursuant to the requirements of 23

U.S.C. 131 and the regulations at 23 CFR

part 750.

10a. Section 2922.2–2 of the original

proposed rule is redesignated as

§ 2922.2–3.

11. Section 2922.2–1 of the original

proposed rule is redesignated as section

2922.2–2, and new section 2922.2–1 is

added to the original proposed rule to

read as follows:

§ 2922.2–1 Applications not conforming

with land use plans.

An application for a permit or lease

will be rejected if the proposed use does

not conform with Bureau of Land

Management land use plans, as

provided in § 1610.5–3(a) of this title. If

the proposed use does not conform with

Bureau of Land Management land use

plans, the authorized officer will reject

the application and explain in writing

why the proposal will not be approved.

Rejected applications are subject to

appeal pursuant to part 4 of this title.

12. Newly redesignated section

2922.2–3 is amended by revising

paragraph (a), redesignating paragraphs

(b) through (e) as paragraphs (c) through

(f), respectively, and adding paragraph

(b), to read as follows:

§ 2922.2–3 Application content.

(a) General. Applications for a permit

or lease must include sufficient detail to

enable the authorized officer to evaluate

the feasibility of the proposed land use

and determine whether the proposed

use is in accordance with Bureau of

Land Management plans, programs, and

policies for the affected public lands.

Applicants must disclose whether

hazardous materials are to be used,

stored, transported, or generated on the

subject lands.

(b) Commercial filming/photography

permits. Persons wishing to obtain a

permit for motion picture filming or

commercial still or video photography

on public lands must submit an

application containing the name,

address, and telephone number of the

applicant, the name of the applicant’s

agent, if any, and the following

information:

(1) Type of use. (i) The application

must state whether the use of the public

lands will be for a commercial

production, a nonprofit production, a

community service production, or an

educational production.

(ii) The application must state

whether the use of the public lands will

be for a feature film, an advertisement,

a documentary, a still photograph, a

video, or for some other purpose.

(2) Duration of use. The application

must state the number of days that

filming and related activities will

continue on the land that is the subject

of the permit.

(3) Number of people. The application

must state the number of personnel to

be involved in the filming activity

subject to the permit.

(4) Number and type of vehicles. The

application must state the number and

type of vehicles to be used in the

filming activity subject to the permit.

(5) Staging areas. The application

must state the number and location of

staging areas on public lands subject to

the permit.

(6) Other activities. The application

must state whether other activities are

involved, including but not limited to:

(i) Temporary road closures;

(ii) Special effects or pyrotechnics;

(iii) Construction of sets;

(iv) Use of animals;

(v) Use of aircraft; or

(vi) Catering.

* * * * *

13. Section 2922.3 in the proposed

rule is redesignated as section 2922.2–

4 and further amended by adding

paragraph (m) to read as follows:

§ 2922.2–4 Application processing.

* * * * *

(m) The authorized officer may allow

the use, storage, and generation of

hazardous materials in connection with

the lessee’s or permittee’s use or

occupancy of the public lands pursuant

to this part only if consistent with

applicable Federal, State, and local laws

and regulations.

13. Section 2924.1–2 of the proposed

rule is revised to read as follows:

§ 2924.1–2 Rental and fee schedule for film

and photography permits.

(a) Motion picture and video filming.

(1) Upon being issued either a minimum

impact or full permit for commercial

motion picture or video filming under

§ 2921.7, the permittee must pay a rental

according to the following schedule:

MOTION PICTURE AND VIDEO FILMING

RENTAL SCHEDULE

Number of

people

Daily rate for

each location

Daily rate for

each staging

area

1–10 ............ $150 ............. $75

11–30 .......... 250 ............... 125

31–60 .......... 450 ............... 225

61–100 ........ 600 ............... 300

101+ ............ 600 (or as

determined

by appraisal).

300 (or as

determined

by appraisal).

Note: The number of people includes

actors, models, and filming and support

crew. If the number of people exceeds 100,

the authorized officer may order an appraisal

to determine fair market value. Absent such

an appraisal, the maximum daily rental is

$600 for each location and $300 for each

staging area for numbers of people exceeding

100.

(i) Total rent is calculated by adding

the rate for each day authorized. The

rent may vary from day to day

depending on the number of people

who are present and the number of

locations and staging areas used. Permit

applications must include a daily

estimate of the number of people

planned to be on location.

(ii) The permittee must pay rental for

days in excess of 20 days at a rate of 85

percent of the daily rent per day, plus

any additions required under paragraph

(a)(2) of this section.

(2) In addition to the rental

requirements of paragraph (a)(1) of this

section, the permittee must pay daily

fees, based on the type and amount of

special treatment required, area used, or
7884 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Proposed Rules

activity undertaken, according to the

following schedule:

RENTAL FEE ADDITIONS

Activity Daily

fee

Traffic control (road closures, detours, etc.) ..................................... $150

Authorized use of Congressional or

agency identified protected areas

listed in § 2921.7(c)(1) .................. 150

Authorized surface disturbances

(grading, removal of rocks or

vegetation, use of heavy

earthmoving equipment or animals) ............................................. 100

Special effects (crashes, large pyrotechnics, fire scenes, etc.) ............ 100

(3) The proposed rental schedule will

be updated annually based on the U.S.

Department of Labor Consumer Price

Index for All Urban Consumers (CPI–U),

U.S. City Average published in July of

each year.

(b) Commercial still photography. (1)

Upon being issued a commercial still

photography permit under § 2921.6(b),

the permittee must pay a rental

according to the following schedule:

COMMERCIAL STILL PHOTOGRAPHY

RENTAL SCHEDULE

Number of people Daily rate

1–3 .................................... No charge.

4–10 .................................. $100

11–30 ................................ 150

31–49 ................................ 250

50–100 .............................. 300

101+ .................................. 300 (or as determined by appraisal).

Note: The number of people includes

actors, models, and photography and support

crew. If the number of people exceeds 100,

the authorized officer may order an appraisal

to determine fair market value. Absent such

an appraisal, the maximum daily rental is

$300 for numbers of people exceeding 100.

(i) Total rent must be calculated by

adding the rate for each day authorized.

The rent may vary from day to day

depending on the number of people

who are present. Permit applications

must include a daily estimate of the

number of people planned to be on

location.

(ii) Daily rent must be paid for each

authorized location.

(2) The proposed rental schedule will

be updated annually based on the U.S.

Department of Labor Consumer Price

Index for All Urban Consumers (CPI–U),

U.S. City Average.

Dated: January 12, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95–3305 Filed 2–8–95; 8:45 am]

BILLING CODE 4310–84–P