[Federal Register Volume 67, Number 190 (Tuesday, October 1, 2002)]
[Rules and Regulations]
[Pages 61732-61745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24748]
[[Page 61731]]
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Part II
Department of the Interior
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Bureau of Land Management
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43 CFR Parts 2930, et al.
Permits for Recreation on Public Lands; Final Rule and Proposed Rule
Federal Register / Vol. 67, No. 190 / Tuesday, October 1, 2002 /
Rules and Regulations
[[Page 61732]]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 2930, 3800, 6300, 8340, 8370, and 9260
[WO-250-1220-PA-24 1A]
RIN 1004-AD25
Permits for Recreation on Public Lands
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
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SUMMARY: This final rule updates 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 establishes 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 adds new regulations on how to
obtain Recreation Use Permits for fee areas, such as campgrounds,
certain day use areas, and recreation-related services.
The final rule also meets the policy goal of reorganizing the
regulations in a more systematic way. The rule relocates the
regulations to the subchapter dealing with other land use
authorizations, reorganizes them into an order that flows more
logically, and simplifies the language.
The final rule is necessary for several reasons. First, it
emphasizes and highlights the cost recovery requirements for issuing
recreation permits. Second, it updates BLM regulations to reflect
changes over the last 15 years in recreational activities and large-
scale events. Third, it provides guidance and standards for use of
developed recreation sites.
EFFECTIVE DATE: October 31, 2002.
ADDRESSES: You may send inquiries or suggestions to: Department of the
Interior, Bureau of Land Management, Mail Stop WO-250, 1849 C St., NW.,
Attention: Lee Larson, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Lee Larson at (202) 452-5168. Persons
who use a telecommunications device for the deaf (TDD) may contact Mr.
Larson by calling the Federal Information Relay Service (FIRS) at (800)
877-8339, 24 hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
I. Background
II. Responses to Comments
III. Final Rule as Adopted
IV. Procedural Matters
I. 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 since 1978. BLM amended subpart 8372--Special Recreation Permits
Other Than on Developed Recreation Sites--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.
BLM published the proposed rule on Permits for Recreation on Public
Lands in the Federal Register on May 16, 2000 (65 FR 31234). The
proposed rule, while it revised and redesignated the entire subpart
8372 in the CFR, focused on 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 proposed a cost recovery system. It also proposed
new regulations for campgrounds and other fee areas.
The period for public comment on the proposed rule expired on July
17, 2000. BLM received about 400 public comment letters or other
communications during this comment period.
II. Responses to Comments
In this portion of the Supplementary Information, we will discuss
the sections of the proposed rule upon which the public commented, or
that need to be changed for some other reason. If we do not discuss a
particular section or paragraph, it means that no public comments
addressed the provision. However, we may change wording of other
sections where we find clarification or style changes necessary or
appropriate, and there is no other need for substantive amendment in
the final rule.
Section 2931.3 Authorities
One comment suggested adding the Recreational Fee Demonstration
Program authorization (Pub. L. 104-134) to the authorities listed. This
program allows BLM to keep fees generated at recreational sites,
through a permanent appropriation, in a special Treasury account that
carries over from year to year. It also allows more innovative fee
collection approaches, including cooperation with other Federal
agencies and State and local government, and collection of fees where
we had not collected them before.
This Program is a temporary program established by Congress. Unless
Congress makes the authority permanent, we cannot cite it as
authorization for general fee and permit regulations.
Section 2932.5 Definitions
Actual expenses. One comment addressed the definition of ``actual
expenses.'' The comment suggested that insurance and bonding costs,
contingency funds (that trip organizers may set up to replace lost or
damaged equipment, for example), and amortization should be counted in
the calculation to determine whether an activity is noncommercial
because the participants share the expenses.
BLM will consider amortization when the equipment being used
belongs to all of the participants rather than just one. Otherwise, one
person is receiving a financial benefit from the trip, making the trip
commercial. We agree that insurance covering a group for a specific
activity may conceivably be a shared expense, and have amended the
definition of ``actual expenses'' so that the regulations would not
prevent that. BLM does not require bonds for noncommercial,
noncompetitive outings. The regulations do not disqualify trips from
being noncommercial because of contingency funds, so long as they are
used to defray actual expenses of the activity or returned to the
participants.
Commercial use. Several comments questioned the definition of
``commercial use.'' One stated that the definition was not clear and
might lead BLM to determine that an outdoor retailer must obtain a
Special Recreation Permit (SRP) if any of their customers used public
land for recreation. The comment urged that the text be amended to
provide that only persons providing goods and services or both on
public lands, as opposed to retail outlets on private land, will need
SRPs.
Some comments disagreed that public advertising should be a
criterion for deciding whether an event or activity was commercial.
They suggested that BLM define the term ``public advertising.'' Some
wanted
[[Page 61733]]
announcements to members of organizations included in the definition
while others wanted communications within groups to be specifically
excluded.
Two comments addressed paragraph (1)(iv) of the definition of
``commercial use.'' One respondent found the paragraph ambiguous,
unworkable, and dependant on the perception of the participant. The
other comment supported the definition but suggested changing
``participants pay for'' to ``the permittee receives payment for.'' The
comment stressed that the requirement should bind the permittee, not
the participant. Our response to this comment is that the section is a
definition. It does not itself impose requirements on any party.
``Participants pay for * * *'' is a good description of an action that
would identify a use as commercial.
One comment suggested changing the definition to: ``Commercial use
is providing goods or services on BLM administered lands and related
waters for compensation of any kind.''
One comment agreed that the definition of ``commercial'' is
appropriate, but stated that it should be modified to clarify that a
fee or donation used to offset the administrative expenses of a trip
program qualifies the activity as commercial in nature. Specifically,
it urged that we add at the end of the sentence at (1)(ii): ``including
compensation for administrative expenses associated with the activity,
whether those expenses are paid by contribution or by trip fees.''
If the definition of ``commercial use'' is read in its entirety,
the meaning is clear. It refers only to uses occurring on public lands
and related waters. We have added language to the definition to make it
clear that the commercial operator is the person or organization that
leads or sponsors the activity, not the retailer who sells recreational
equipment to the general public.
The common meaning of ``public advertising'' is generally well
understood to include appeals and inducements to the general public
through newspapers, broadcast media, Internet sites available to the
general public, listing on public or community event calendars,
publicly displayed signs, posters and flyers. Public advertising does
not include communications within the known membership of an
identifiable group. The proposed regulation specified but did not
define ``public advertising.'' In the final rule, we have changed the
definition of ``commercial use'' to specify that it is paid advertising
that qualifies a use as commercial. We believe the suggestion in the
comment to include announcements to group members in public advertising
to be overly broad. If a private, social organization plans an activity
on public land, information about the activity must be shared with the
membership. This might take place in organization news letters,
bulletins, posters in the club house, etc. All these communications
tools could be considered advertising if we adopted the approach the
comment suggested. Paid advertising outside the organization would be
considered public advertising, but we do not consider that publicity
such as a notice on a public bulletin board alone makes a trip
commercial.
The definition as proposed provides an adequate description to
allow BLM staff and members of the public to decide whether an activity
is commercial.
The plain text of paragraph (1)(ii) is quite clear when it says
that collection of a fee or 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, makes an event commercial. If
an event organizer collects a fee to cover overhead or administrative
costs, BLM would conclude that the use is commercial.
Organized group activity. We have amended the definition of
``organized group activity'' to make it clear that it covers only
recreational use. See the discussion of section 2932.11, below, for an
explanation.
Section 2932.11 When Do I Need a Special Recreation Permit?
Numerous comments addressed organized group permits.
Most of these comments were opposed to implementation of a group
permit regulation. Most of them based their opposition on their
interpretation of the definition of ``organized group activity,''
contending that, as written, it could require a permit for anyone
wishing to use public lands anywhere at any time. Most also mentioned
the right to freedom of assembly, contending that the proposed
regulation abrogates that right.
Several comments supported the elimination of the 50-vehicle
ceiling for permit waivers, but suggested another threshold for when
BLM should require group permits. Several other comments suggested that
this is a new requirement, and therefore is a major action that
requires further review.
The definition of ``organized group activity'' in Sec. 2932.5
clearly concerned many of the respondents. As proposed, the definition
was:
``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.
This definition does lend itself to the interpretation described by
those who commented, by expanding the scope of the definition to
include meetings and other non-recreational uses. We have amended the
definition in the final rule to make it clear that it covers only
recreational uses.
We have also amended Sec. 2932.11 to provide that organizers of
group events or activities need a permit only if required by a BLM
management or activity plan or when we determine that resource
concerns, potential user conflicts, or public health and safety
concerns indicate that a permit is necessary. We have also amended the
rule to treat small group events the same way we treat small
competitive events. That is, we may waive the permit requirement (see
Sec. 2932.12) if an organized event is not commercial, not advertised,
does not pose appreciable risks to people or the environment, and does
not require special BLM management or monitoring.
Any threshold on the number of people making up a group that needs
a permit would be difficult to establish on a national basis. BLM will
determine the threshold, if any, for each area. (For example, 10 people
in a sensitive riparian area may constitute an organized group, but a
less sensitive upland area may be able to handle 200 people without
special management attention.) BLM will base this determination on
planning, resource concerns, potential user conflicts, public health
and safety, or a combination of these factors.
The requirement for a group permit is not new. Our approach is
similar to that of the National Park Service, which codified
implementing regulations at 36 CFR 71.10 in 1974. BLM's authority for
this type of permit is section 4 of the Land and Water Conservation
Fund Act (LWCFA) of 1965 (16 U.S.C. 460l-1 et seq.).
One comment addressed the effect of the proposed rule on
institutional groups. It suggested that the permit waiver requirements
are overly broad, and would essentially prevent any institution from
qualifying for a waiver for any type of use.
We may require academic, educational, scientific, and research
groups to obtain a permit, depending
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upon how they structure their trips. For example, if BLM determines
that the institutional group is commercial use or if the primary
purpose of a use is recreational, and academic aspects are incidental,
we would not waive the permit requirement. If the use is noncommercial,
the primary purpose is academic, the use supports management
objectives, and BLM has either requested the institution to complete a
project or study, or BLM can benefit from a project or study that the
institution proposes and intends to complete if permitted, BLM could
issue an administrative use authorization. BLM may issue permits to use
special areas to institutional groups making noncommercial use of these
areas on a cost sharing basis. Where BLM has allocated access to
particular kinds of uses and numbers of trips through land use
planning, we may award additional, non-allocated permits on a space
available basis.
Section 2932.14 Do I Need a Special Recreation Permit To Hunt, Trap, or
Fish?
A number of comments questioned why hunting, fishing, and trapping
were singled out as activities not needing a permit. Some described
this section as arbitrary and capricious for including only these uses,
and not other, less consumptive uses. One comment noted that these uses
still need a permit if they meet the requirements of commercial,
competitive, or organized group permits. One comment concerned the
requirement for guides involved in hunting, fishing, and trapping to
acquire an SRP. The respondent suggested that the provision should
indicate that the guide would need an SRP only if the guiding is taking
place on public lands and related waters. The comment writer also
wanted the rule to provide that drop-off or air taxi service would not
require an SRP.
The intent of this section is to reiterate that hunting, fishing,
and trapping primarily fall under the purview of the States. However,
both the proposed rule and the final rule require a commercial
enterprise that provides guide or outfitter service in support of
hunting, fishing, or trapping to have a Special Recreation Permit.
However, we have amended this provision to make it clear that if an
organized group wished to go on a hunting trip on public lands, or
someone wanted to hold a fishing tournament as a competitive event, BLM
would require a Special Recreation Permit. The point of this amendment
is that if the subject of an activity or event is hunting or fishing,
it does not excuse the organizer or sponsor from obtaining a permit if
the regulations otherwise require a permit because the event is
commercial or competitive.
The title of the regulations, ``Part 2930--Permits for Recreation
on Public Lands,'' limits the content of the regulations to permits for
recreational use of public lands. For the purposes of brevity, we do
not repeat the phrase, ``on public land and related waters,''
throughout the text.
Drop-off/pickup air taxi services that meet the definition of
``commercial use'' in Sec. 2932.5 would need an SRP unless they had an
airport lease or right of way for commercial use.
Section 2932.22 When Do I Apply for a Special Recreation Permit?
We received 6 comments that primarily addressed the requirement
that applicants submit applications for Special Recreation Permits at
least 180 days before their activities are to begin. Several other
comments addressed this issue along with other concerns.
Most of these comments maintained that 180 days would be too far in
advance, particularly for small competitive groups, or small organized
groups and event sponsors, to have to apply.
Several of the comments also stated that it would not be fair to
applicants to tell them as late as four months after they submitted
their applications that we would not be able to issue a permit in time
for their activity to take place, as provided in proposed Sec.
2932.25.
On the other hand, none of the commercial outfitters who addressed
this issue objected to the 180 day advance requirement.
While the preamble states that the local BLM office may provide for
a shorter review period, this exception is not reflected in the
regulation. The BLM handbook also specifies that we may be able to act
on applications filed fewer than 180 days before your proposed activity
or event.
We believe that 180 days is a reasonable requirement for permits
that require environmental assessment beyond that already covered in a
land use plan, programmatic EA, or categorical exclusion. If the
proposed activity occurs in critical habitat for a threatened or
endangered species, for example, BLM may have to engage in lengthy
consultation with another agency. Therefore, we believe that the 180
day requirement reflects BLM's needs for most proposed competitive,
commercial, and organized group or event activities. In some cases (for
example, where there is great demand for access to the public lands),
local offices may need to require that applications be submitted in
advance of 180 days. This may happen when it is necessary to schedule a
series of separate annual events on succeeding weekends. However, we
have amended the provision in the final rule to make it clear that BLM
may reduce the time requirement for events or activities that do not
require extensive environmental documentation or consultation. We have
also revised section 2932.25 to provide for earlier warning from BLM
that permit application will require more than routine review.
Section 2932.24 What information Must I Submit With My Application?
Comments from the outfitter community suggested that we should
amend Sec. 2932.24(a)(3) by adding a provision for applications to
include a statement of how the applicant's activity would contribute to
the public's use and enjoyment of the land and resources that we
manage.
While this information would be useful, and BLM would certainly
consider it when evaluating an application (as provided in
Sec. 2932.26), it is not necessary. Further, it might be misleading to
make it a requirement for applications. Lack of a concrete public
benefit does not disqualify an activity that is the object of a Special
Recreation Permit application. We do not want to suggest in the
regulations that a general public benefit is a prerequisite for
obtaining a permit under these regulations.
Section 2932.31 How Does BLM Establish Fees for Special Recreation
Permits?
A few comments that addressed this section did not recommend any
change to the Proposed Rule. However, they strongly urged BLM to seek
professional guidance from the appraisal industry, user groups, and
others concerned with or affected by how fees will be determined, when
we compile our fee schedules.
We concur with these comments, and plan such consultation. No
change in the rule is necessary to respond to these comments.
More than 200 comments addressed the cost recovery provisions in
paragraph (d) of this section (paragraph (e) in the final rule). About
20 of these came from outfitters and commercial operators. However,
most of these comments came from participants in a single event,
Burning Man in Nevada. Nearly all the comments opposed imposition of
both cost recovery and use fees for the same permit. Several comments
suggested that the 50 hour
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threshold for charging cost recovery is too low, and suggested that
cost recovery should be charged after 75-100 hours of BLM staff time,
or 200 hours, in the case of some comments. Nearly all the comments
from participants in the Burning Man event agreed that BLM should
recover our administrative costs. However, they thought that BLM should
not ``profit'' by charging both cost recovery and use fees, which many
dubbed ``double dipping.''
Outfitters and commercial operators generally opposed cost recovery
on permit renewals. Also, most of them raised the issue of how cost
recovery should be applied in the case of multi-year permits.
Outfitters and several other respondents suggested that the costs
of preparing programmatic environmental assessments (EAs) not be
included in cost recovery charges, since the benefits fall to the
general public and succeeding applicants, while the cost falls to one
applicant.
There were a number of comments that asked us not to charge any
fees for land which is publicly owned and already supported through
taxes. Many of these comments also questioned whether BLM would wisely
use the fees we collect.
BLM received its authority to seek cost recovery associated with
issuing authorizations to use the public lands in 1976 from section
304(b) of the Federal Land Policy and Management Act (FLPMA) (43 U.S.C.
1734(b)). We selected the 50-hour threshold for charging full cost
recovery because it is consistent with the BLM's Lands and Realty
program, and is consistent with the approach of the U.S. Forest
Service, which issues Special Use Permits to authorize general land
uses as well as recreation. Cost recovery guidelines in Office of
Management and Budget (OMB) Circular A-25 direct Federal agencies to
limit cost recovery to situations when a service or privilege provides
special benefits to an identifiable recipient, beyond those that accrue
to the general public. Consequently, costs associated with development
of programmatic EAs would not normally trigger cost recovery fee,
because BLM does not assign them to the single initial applicant.
As to permit renewals, the practical effect of the rule as written,
with its 50-hour threshold, is that permit renewals will not trigger
cost recovery, unless you propose a substantial change in your
operation that would require additional environmental analysis.
In response to the concerns expressed by the public about the
appearance of double charging, we have made several changes in
paragraph (e). These changes should have the effect of clarifying when
cost recovery charges apply and when permit fees apply to commercial,
competitive, and organized group activities or events. We separated
cost recovery requirements for commercial use from competitive or
organized group/event use. We did this to distinguish between the
commercial fee that BLM assesses for the privilege of using the public
lands for a business, versus the need to assess cost recovery for
either type of use to help pay for the preparation of an authorization
and for its administration.
[sbull] The costs would have to reach the threshold in one year for
cost recovery to be invoked on a multi-year permit;
[sbull] We specifically exclude programmatic or general land use
plan documentation from cost recovery, except if the documentation work
has been done because of or to benefit a specific applicant;
[sbull] In cases where we charge for cost recovery for recreational
events (as opposed to commercial use), the final rule provides that the
charges will be in place of permit fees.
[sbull] In some cases where we would normally charge for cost
recovery, we may elect to charge a permit fee instead of cost recovery
if the permit fee is greater than cost recovery would be.
Section 2932.33 When Are Fees Refundable?
Comments from the outfitter community suggest removing the
prerequisite that BLM actually award a permit to someone else before we
refund fees to an applicant who cancels or reduces his or her
application for a Special Recreation Permit. They suggest that the
standard should be whether the outfitter relinquished the use in time
to make it available to others, not whether others have actually
applied for the use and the agency is able to award it. (Note that this
provision pertains to fees, not cost recovery requirements.)
We agree with the comment and have removed the words ``and we are
able to award such use.'' The sentence in question only applies to
areas where use is allocated to commercial or non-commercial use or
both. An area where recreation use has been ``allocated'' is an area
where demand has outstripped supply, or use needs to be restricted to
protect the resources. Management or operations plans for allocated
areas will determine the amount of time BLM would normally need to
reallocate your use, and thus the deadline for you to notify us and
qualify for a refund or credit. However, whether to provide a refund is
at the discretion of BLM.
Section 2932.34 When May BLM Waive Special Recreation Permit Fees?
One comment stated that this section made it too easy for
organizers of activities that the comment described as clearly
commercial to obtain fee waivers. The comment urged that organizers of
activities that are commercial in nature should not be able to avoid
paying fees merely because the users have certain characteristics, or
label themselves in certain ways.
The language in the proposed rule was very similar to that in the
previous regulation at 43 CFR 8372.4(c)(2)-(3), which directed that BLM
not assess fees for scientific and educational outings. In the proposed
rule, we attempted to clarify this provision to eliminate the
possibility that recreational outings may obtain a fee waiver because
they have educational aspects, such as a professor accompanying a group
of tourists to explain the geology or history of an area. As a
practical matter, BLM has granted very few fee waivers under this
authority. An applicant's status as an academic, scientific, research,
or therapeutic institution is not, by itself, a basis for waiving fees.
BLM has a responsibility to evaluate proposals to determine whether fee
waivers are warranted. A professor proposing to take students onto
public lands for research or study for academic credit would qualify
for a waiver under this regulation. However, groups proposing
activities meeting the definition of commercial use would not be
granted fee waivers if they merely belong to an academic, scientific,
research, or therapeutic institution. The key factor is whether the
activity itself, rather than the sponsoring institution, qualifies for
a waiver. We did not amend this provision in the final rule.
Section 2932.42 How Long Is My Special Recreation Permit Valid?
A comment from a trade association representing outfitters
recommended that, considering the investment required by outfitters,
the maximum term for SRPs should be 10 years, unless BLM finds that
special circumstances require a shorter period.
As a practical matter, the renewal and transfer policies contained
in the proposed rule improve tenure over that provided in the previous
regulations. Section 2932.51 makes it clear that BLM will renew a
permit if it is in good standing and consistent with our land use plans
and policies, and if the permittee has a satisfactory record of
performance. This regulation follows
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existing BLM policy on permit renewal and transfers. Regardless of the
term of the permit, BLM may cancel or amend it for cause as described
in 2932.56.
However, BLM recognizes that the maximum of a 5-year permit is a
matter of concern for the outfitting and guiding community. Elsewhere
in today's Federal Register appears a proposed rule that would change
the maximum term for a Special Recreation Permit to 10 years. Because
this is a substantial change that was not discussed in the proposed
rule, it is necessary and appropriate to allow a period of time for
public comment.
Section 2932.43 What Insurance Requirements Pertain to Special
Recreation Permits?
We received fewer than 10 comments addressing insurance and bonding
issues. Outfitters and commercial interests generally supported the
insurance requirements as they relate to their activities. However,
other comments addressed bonding or insurance requirements for
organized group activities or events. One comment was opposed to any
insurance or bonding requirement. The others suggested changes to
ensure that the requirements are based on the kind of event or activity
for which BLM is issuing permits. According to these comments, there
are many types of group activities or recreation events that may
require a permit, but for which insurance or bonding should not be
necessary because the event or activity poses no risk to participants
or the environment. One respondent suggested that BLM establish
criteria for when we would waive insurance and bonding requirements.
Two comments suggested that any requirement for insurance for small
groups would be onerous and would force small groups or events to
either proceed without authorization (and risk prosecution) or cancel
their proposed activity or event.
One comment suggested that there should not be an exception
excusing vendors from obtaining insurance, and one comment suggested
that BLM impose fines and penalties on permittees that cause
environmental degradation or other damage rather than require insurance
or bonding for possible damages occurring under an organized group or
event Special Recreation Permit.
One comment suggested insurance coverage requirements should be
published and updated in the same fashion as fees.
This section of the proposed rule was essentially unchanged from
the previous regulations in subpart 8372. We added the provision that
BLM may require insurance or bonding for organized groups or events,
leaving the final decision on insurance and bonding requirement for
groups and events to the BLM. We realize and agree that many small
scale activities and events will not and should not require insurance
or bonding, but do not believe it is reasonable to establish national
criteria for waiving insurance requirements.
BLM's Special Recreation Permit Handbook, which will be available
in field offices and on the internet soon after the effective date of
this final rule, will contain criteria for our determination of minimum
insurance coverage requirements. The amounts of coverage we require
vary based on the risk involved in the activity. That risk depends on
the nature of the activity, the conditions where the activity will take
place, the number of participants, skill level of the participants, and
risk management implemented by the permittee. In other words, the local
BLM office administering the event can best determine what coverage you
need, as opposed to BLM headquarters setting limits on a national
basis. Our actual experience is that most permittees carry more
insurance than BLM would normally require.
As written, the exception for vendors is not a blanket exception.
Rather, it gives the BLM the discretion to require insurance for
vendors when necessary. Not all vending poses risks to the public (tee-
shirt sales, for example), while others (such as food sales) will
require insurance.
Imposition of fines and penalties on permittees who cause damage,
rather than requiring up-front insurance or bonding, would not assure
the public that its interests are being protected. Fines are often
uncollectible. Civil judgments are difficult to obtain and collect.
Damage repair in such cases would at best take longer.
Section 2932.52 How Do I Apply for a Renewal?
Some comments expressed concern about the requirement in the
proposed rule that an application for renewal be made ``in the same
form as for a new permit.'' The concern is the regulation may imply a
full, ``from scratch'' evaluation.
That is not the intent, and we have amended the text to say ``on
the same form.'' You must file renewals on the SRP application form,
and should file updates to operations plans at the same time. You need
only write ``unchanged'' on the parts of the form where permit needs
and other information have not changed. We expect that processing
renewals will be much less involved than issuing new permits. For
example, an application to continue a previously approved use usually
does not require preparation of a new NEPA document. However, if field
conditions have changed, we may need to conduct new environmental
analyses.
Section 2932.54 When May I Transfer My Special Recreation Permit to
Other Individuals, Companies, or Entities?
Comments from the outfitting community expressed concern that the
language in this section may provide an avenue for a local manager to
reduce or destroy the market value of an outfitting company by denying
transfers or withholding approval of certain transfers to target
specific operations or styles of operations.
BLM recognized the need for guidance on transfers and published its
national Special Recreation Permit Policy in 1984 (49 FR 5300, February
10, 1984), which, among other things, authorized transfers. We process
transfers under the following guidelines:
1. You must provide adequate documentation to BLM that you intend a
bona fide business transfer or sale. The transfer or sale must include
a substantial portion of the equipment and other tangible assets needed
to conduct a business. BLM will not approve any attempted transfer or
sale of authorized use alone.
2. The previous permittee generally should have operated at an
acceptable standard for at least one full year.
3. BLM will evaluate the proposed business sale and transfer the
permit privileges to a qualified buyer, if--
[sbull] The transfer is consistent with planning decisions; and
[sbull] The proposed sale includes tangible property necessary to
conduct the activities authorized.
4. The proposed permittee must provide a written operation plan to
BLM, including any anticipated operational changes from the present
permittee.
This section of the final rule codifies and improves BLM's policy
on permit transfers.
The discussion in the preamble of the May 16, 2000, proposed rule
stated that BLM will allow a transfer as long as you meet the
requirements of this section. This policy, that we will approve a
permit transfer only if the business or a substantial part of it is
sold, continues in this final rule.
Section 2932.55 When Must I Allow BLM To Examine My Permit Records?
One comment stated the section was overreaching, saying that it
would attempt to authorize BLM to obtain
[[Page 61737]]
privileged material from attorneys, accountants, and other
professionals.
The intent of the rule is to allow the BLM to meet its legislative
and regulatory requirements in FLPMA, LWCFA, and OMB Circular A-25. For
BLM to meet its legislative requirements to protect natural resources
and to help ensure public health and safety, we issue stipulations with
each permit. We use monitoring and an evaluation process to help us
ensure that permittees provide the public with qualified, experienced
guides. It also helps to ensure that the permittee follows permit
stipulations to protect natural and cultural resources. Finally, audits
help ensure that the public receives fair compensation from businesses
conducted on public lands by allowing us to review the financial
aspects of their permit operations and make sure adequate fees are
paid. OMB Circular A-25 emphasizes this requirement. We need to ensure
that BLM has access to records regardless of the entity that physically
possesses them. BLM would certainly respect items covered by attorney/
client and other privileges. It is up to you or your attorney to assert
that privilege if and when BLM requests documents you believe to be
privileged. Accounting records relating to the SRP are precisely the
types of information the BLM would seek to review. Such confidential
information may be protected from public disclosure under the Freedom
of Information Act (5 U.S.C. 551 et seq.). BLM would protect it to the
extent allowable by law.
Section 2932.56 When will BLM Amend, Suspend, or Cancel My Permit?
Several comments suggested removing the third reason for altering a
permit, protection of the environment. These respondents found the
requirement to be vague, given the contentious nature of determining
carrying capacities of the land and associated waters and the
environmental effects of various activities. The comments suggested
that BLM should be obligated to perform some level of investigation or
analysis to ensure that the outfitters' actions are responsible for
undesired environmental impacts before imposing the sanctions provided
for in this section.
BLM will not amend, suspend, or cancel a permit without a good
reason. Doing so would be arbitrary and capricious, and could not bear
the scrutiny of administrative or judicial review. BLM will only alter
a permit for environmental protection reasons after we perform a
thoroughly documented analysis and the permittee has an opportunity to
review it. The provision needs to remain in the regulations. Protecting
the public lands from unnecessary or undue degradation is a core duty
of BLM and we would be remiss in not including environmental
considerations as a basis for modifying a permit. The same reasoning
applies to suspensions and cancellations of permits.
BLM may suspend or amend a permit if--
[sbull] There is a problem with public safety;
[sbull] There are clear violations of permit stipulations to
protect public safety or the environment; or
[sbull] Resource or legal conditions change during the permit
period (for example, a threatened or endangered species listing occurs
that affects the permit area).
The BLM will use the annual evaluation process to determine whether
there is any failure to perform or any violation of a permit that would
lead to canceling a permit. If the reason for the adverse action is out
of your control, (such as the endangered species listing just
mentioned) BLM will consult with you to come to an amicable solution,
if possible. Administrative procedures are always available to a
permittee affected by an adverse action. This includes appeal to IBLA
under 43 CFR part 4, specifically Sec. 4.410, and any other
administrative remedy applicable to the permittee.
One comment suggested that BLM should have authority to suspend a
permit or deny a new application for a permit because of violations of
similar stipulations on another permit.
We agree with this comment. We have amended Sec. 2932.56(b)(2) by
removing the final phrase, ``while exercising your privileges under
your Special Recreation Permit.'' This removes the requirement that
your disqualifying conduct is specific to the subject permit, rather
than to any similar permit. Further, any action that violates
environmental or natural resource law may also be disqualifying,
whether you have a permit or not.
Issuing permits to individuals who have histories of violating the
conditions of their permits is an ongoing problem for all Federal
agencies. Additional authority is necessary to deny permits to
individuals or companies that have habitually violated permit
conditions. Authority is needed to deny permits to individuals that
have had permits canceled by other agencies and to those individuals
who have a demonstrated history of willful destruction of private,
state, or Federal properties, especially in relation to natural,
cultural, and historical resources. We have had a number of former
permittees who have had permits canceled for cause by one BLM office,
or by another agency, who subsequently apply for and receive a BLM
permit from another office, only to cause similar problems in the new
area. BLM needs authority to stop this from occurring. It is our
responsibility, as a regulatory agency, to give the public a reasonable
assurance that businesses operating on the public lands are responsible
and have a sense of stewardship and the duty of care for the lands they
operate on and the clients they serve and who provide a safe and high
quality experience to the public requesting these kinds of services.
Several comments addressed the language at paragraph (c): ``If we
suspend your permit, your responsibilities under the permit would
continue during the suspension.'' In certain situations, it may be
necessary for BLM to suspend assigned authorized use for a period of
time. Examples of such instances include periods of high fire danger,
flood conditions or high water, presence of health hazards, or high
likelihood of degradation of environmental resources. These situations
are usually temporary and will not normally extend the life of the
permit. Situations could arise where only a portion of a permit would
be suspended, and BLM would allow the permittee to continue operating
in the areas not subjected to the suspension; in such cases permit
obligations would continue. These suspensions may not have any affect
on the reporting requirements, payment of fees, or expiration date of
the permit.
III. Final Rule as Adopted
This portion of the Supplementary Information describes and
explains section-by-section changes we have made in the final rule that
were not prompted by public comments. The changes recognize--
[sbull] Longstanding field practice,
[sbull] Statutory law,
[sbull] Need for internal consistency in the final rule,
[sbull] Need for improved clarity in the regulations, or
[sbull] Some combination of these factors.
Section 2932.12 When May BLM Waive the Requirement To Obtain a Permit?
We have revised paragraph (c)(5) in the final rule. This paragraph
states the final criterion for waiving the permit requirement for
competitive events. We added the lack of need for specific
[[Page 61738]]
management by BLM personnel as a reason for waiving the permit
requirement.
This change makes the text for competitive events consistent with
the text changes resulting from public comment for organized group or
event use. It recognizes that some competitive events are so small that
they have such inconsequential effects that we do not need to exercise
any control over them. The ``requires no specific management'' wording
makes it clear that BLM recognizes no need to make any on-site
management changes, e.g., closing a recreation site to public use
because it is reserved for an event. An example might be a Boy Scout
orienteering competition with a limited number of participants.
Although it would be technically competitive, it would not be
commercial, award cash prizes, advertise, or appreciably affect the
environment. It probably would not require monitoring under paragraph
(c)(5), and in most circumstances would not require BLM management
action before, during, or after the event. The local BLM manager would
have discretion in this case to require or waive the permit, perhaps
requiring one if only to be aware that there are a certain number of
children on the public lands in a particular area, and possibly needing
protection or rescue.
Section 2932.34 When May BLM Waive Special Recreation Permit Fees?
We have amended this section to make it clear that to have a fee
waiver approved for educational, scientific, or research uses, you must
be an accredited institution. Without this change, the provision would
be unnecessarily vague.
Section 2932.52 How Do I Apply for a Renewal?
We have amended paragraph (b) by removing the requirement that BLM
``establish and publish deadlines for submitting renewal
applications.'' Instead, establishment of such deadlines for submitting
renewal applications will be discretionary with the local BLM manager.
This change relieves BLM of the unnecessary burden of publishing
deadlines for renewal applications in the Federal Register or
newspapers. BLM mostly communicates directly with permittees, and if
the renewal deadline is not stated in the original permit, we will
alert the permittee as the deadline approaches. There is no need to
publish application deadlines for renewal of permits. The change is
also consistent with current language in the Special Recreation Permit
Manual/Policy Statement and Handbook.
Section 2932.54 When May I Transfer My Special Recreation Permit to
Other Individuals, Companies, or Entities?
BLM has amended paragraph (b) of this section to make it clear that
the transferee must meet all BLM requirements, including the payment of
fees, before we will allow a transfer and issue a new SRP. Read in
isolation, the proposed rule provision seemed to require only the
payment of fees. The revised provision makes it clear that a transferee
must meet all BLM requirements before we will allow a permit to be
transferred.
Section 2932.57 Prohibited Acts and Penalties
We have added two provisions to the list of Prohibited acts. The
first prohibits permittees from interfering with other users of the
public lands. The second prohibits refusal to disperse when BLM has
suspended or canceled a permit.
The first of these is based on 43 CFR 9239.2-5, which in turn
implements an 1885 law prohibiting interference with persons using or
traveling on public lands (23 Stat. 322; 43 U.S.C. 1063). The second
addition is similar to a prohibited act already in the recreation
regulations at Sec. 8365.1-4, which prohibits failure to disperse when
directed by BLM. The prohibitions, in other words, are not new in this
rule, and would apply to special recreation permittees whether they
appear in part 2930 or not.
We have also made changes in the penalty provisions of paragraph
(b) of this section. Paragraph (b)(1) is amended to refer to the
penalties in 18 U.S.C. 3571 as well as FLPMA.
This will ensure that the fines that became applicable in 1987
under the alternative fines section in the U.S. Criminal Code are
applicable. Also, any future increases in fines will also be applicable
because they most likely will be increased in section 3571.
We also have added a new paragraph (b)(3) that imposes the
penalties in 18 U.S.C. 3571 on failing to obtain any permit or pay any
fee required in subpart 2932, pursuant to the Land and Water
Conservation Fund Act, as amended.
This amendment places in subpart 2932 the penalty provisions
already found in Sec. 9268.3(e)(1) of BLM's law enforcement
regulations. This is needed to allow us to apply criminal penalties
provided by the Land and Water Conservation Fund Act and to ensure that
we have access to those infraction level penalties in locations where
the class A misdemeanor penalty may lead to procedural problems.
Subpart 2933--Recreation Use Permits for Fee Areas
Recreation use permits (RUP) are authorizations for short term
recreational use of developed facilities, equipment, services, or
specialized sites furnished at Federal expense. RUPs are most
frequently used in BLM to authorize individual and group recreational
use of these sites. Sites that charge a fee meet the fee criteria
established by the LWCFA, as amended. BLM issues RUPs to ensure that
the people of the United States receive a fair and equitable return for
the use of these facilities and to help recover the cost of
construction, operation, maintenance, administration, and management of
the permits.
BLM has been able to administer and manage these types of sites
through fee provisions in the LWCFA, 36 CFR Part 7, and policy. Keeping
up with the growing demands of users and the complexity of uses, their
compatibility or lack thereof, and conflicting types and amounts of
use, is becoming more difficult without regulations. The purpose of
this rule is to allow BLM to notify the public in a more detailed and
formal way of our policies and the laws and regulations for
administering and managing these 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.
The provisions in this subpart did not attract public comments.
However, we have found it necessary to add a section on prohibited acts
and penalties. We will propose this new section in a new proposed rule
after publication of this final rule.
[[Page 61739]]
Cross-references
Finally, the final rule changes cross-references in other parts of
Title 43 from subpart 8372 to part 2930.
IV. Procedural Matters
The principal author of this final 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 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.
(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 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 final rule
provides 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 may be an indication of the type of fee increase
that may be phased in under the final 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.
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 $4.00 for 1997, and a little over $4.60 for 1998. The final
rule allows 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.
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 that BLM's fee schedule (set by the 1984 policy, not
regulations) requires outfitters to pay. 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 will be de 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
[[Page 61740]]
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.
The Small Business Administration established the Small Business
and Agricultural Regulatory Enforcement Ombudsman and ten Regional
Fairness Boards to receive comments from small businesses about Federal
agency enforcement actions. The Ombudsman annually evaluates these
enforcement activities and rates each agency's responsiveness to small
business. If you wish to comment on enforcement aspects of this rule,
you may call 1-888-734-4247.
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 final rule provides 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 does 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.
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 issues and administers them.
Paperwork Reduction Act
The Office of Management and Budget has approved the information
collection requirements in the proposed rule under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501 et seq., and has assigned
clearance number 1004-0110. The section of this final rule with
information collection requirements is section 2932.24, and BLM
estimates the public reporting burden of this section to average,
respectively, one-half hour per response. This estimate includes the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing the
burden, to Information Collection Clearance Officer, Bureau of Land
Management, U.S. Department of the Interior, 1849 C Street, NW., Mail
Stop 401-LS, Washington, DC 20240, and Desk Officer for the Department
of the Interior, Office of Information and Regulatory Affairs, Office
of Management and Budget, New Executive Office Building, Washington, DC
20503, Attention: 1004-0110.
National Environmental Policy Act
Based on an environmental assessment approved May 5, 2000, we have
determined that this final 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.
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 6300
Penalties, Public lands, Reporting and recordkeeping requirements,
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 9260
Continental shelf, Forests and forest products, Law enforcement,
Penalties, Public lands, Range management, Recreation and recreation
areas, Wildlife.
Dated: July 8, 2002.
Rebecca W. Watson,
Assistant Secretary of the Interior.
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 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?
2931.3 What are the authorities for these regulations?
2931.8 Appeals.
2931.9 Information collection.
[[Page 61741]]
Subpart 2932--Special Recreation Permits for Commercial Use,
Competitive Events, Organized Groups, and Recreation Use in Special
Areas
2932.5 Definitions.
2932.10 When you need Special Recreation Permits.
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 my renewal term?
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
Sec. 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;
(c) State the fees you must pay to obtain the permit; and
(d) Establish the framework for BLM's administration of your
permit.
Sec. 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.
Sec. 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. 460l-6a.
(1) 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
contains BLM's authority to enforce the regulations and impose
penalties.
(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)).
(3) The Sentencing Reform Act (18 U.S.C. 3571) is the authority for
the possible penalties for violations of these regulations.
(b) The regulations at 36 CFR part 71 require all Department of the
Interior bureaus to use the criteria in that part to set recreation
fees. These criteria are based on the LWCF Act and stated in Sec. Sec.
71.9 and 71.10 of that part.
Sec. 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 Sec. 4.21(b) of this title.
Sec. 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. BLM will use the
information to determine whether we should grant permits to applicants
for Special Recreation Permits on public lands. You must respond to
requests for information to obtain a benefit.
Subpart 2932--Special Recreation Permits for Commercial Use,
Competitive Events, Organized Groups, and Recreation Use in Special
Areas
Sec. 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,
bonding costs, 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 led, sponsored, or
[[Page 61742]]
organized by that person, group, or organization;
(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;
(iii) There is paid 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;
(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 event on, or occupation of, public lands for the purpose
of recreational use that is not commercial or competitive.
Special area means:
(1) An area officially designated by statute, or by Presidential 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.
Sec. 2932.10 When you need Special Recreation Permits.
Sec. 2932.11 When do I need a Special Recreation Permit?
(a) Except as provided in Sec. 2932.12, you must obtain a Special
Recreation Permit for:
(1) Commercial use, including vending associated with recreational
use; or
(2) Competitive use.
(b) If BLM determines that it is necessary, based on planning
decisions, resource concerns, potential user conflicts, or public
health and safety, we 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.
Sec. 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) BLM sponsors or co-sponsors the use. This includes any 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 specific management or monitoring.
(d) The use is an organized group activity or event that--
(1) Is not commercial;
(2) Is not publicly advertised;
(3) Poses no appreciable risk for damage to public land or related
water resource values; and
(4) Requires no specific management or monitoring.
Sec. 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.
Sec. 2932.14 Do I need a Special Recreation Permit to hunt, trap, or
fish?
(a) If you hold a valid State license, you do not need a Special
Recreation Permit to hunt, trap, or fish. You must comply with State
license requirements for these activities. BLM Special Recreation
Permits do not alone authorize you to hunt, trap, or fish. However, you
must have a Special Recreation Permit if BLM requires one for
recreational use of a special area where you wish to hunt, trap, or
fish.
(b) Outfitters and guides providing services to hunters, trappers,
or anglers must obtain Special Recreation Permits from BLM. Competitive
event operators and organized groups may also need a Special Recreation
Permit for these activities.
Sec. 2932.20 Special Recreation Permit applications.
Sec. 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
we may require in a Special Recreation Permit. Because of the lead time
involved in processing Special Recreation Permit applications, you
should contact BLM in sufficient time to complete a permit application
ahead of the 180 day requirement (see Sec. 2932.22(a)).
Sec. 2932.22 When do I apply for a Special Recreation Permit?
(a) For all uses requiring a Special Recreation Permit, except
private, noncommercial use of special areas (see paragraph (b) of this
section), you must apply to the local BLM office at least 180 days
before you intend your use to begin. Through publication in the local
media and on-site posting as necessary, a BLM office may require
applications for specific types of use more than 180 days before your
intended use. A BLM office may also authorize shorter application times
for activities or events that do not require extensive environmental
documentation or consultation.
(b) BLM field offices will establish Special Recreation Permit
application procedures for private noncommercial
[[Page 61743]]
individual use of special areas, including when to apply. As you begin
to plan your use, you should call the field office with jurisdiction.
Sec. 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.
Sec. 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) Unless waived by BLM, a map or maps of sufficient scale and
detail to allow identification of the proposed use area; and
(3) Other information that BLM requests, in sufficient detail to
allow us to evaluate the nature and impact of the proposed activity,
including measures you will use 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.
Sec. 2932.25 What will BLM do when I apply for a Special Recreation
Permit?
BLM will inform you within 30 days after the filing date of your
application if we must delay a decision on issuing the permit. An
example of when this could happen is if we determine that we cannot
complete required environmental assessments or consultations with other
agencies within 180 days.
Sec. 2932.26 How will BLM decide whether to issue a Special
Recreation Permit?
BLM has discretion over whether to issue a Special Recreation
Permit. We will base our decision on the following factors to the
extent that they are relevant:
(a) Conformance with laws and land use plans;
(b) Public safety,
(c) Conflicts with other uses,
(d) Resource protection,
(e) The public interest served,
(f) Whether in the past you complied with the terms of your permit
or other authorization from BLM and other agencies, and
(g) Such other information that BLM finds appropriate.
Sec. 2932.30 Fees for Special Recreation Permits.
Sec. 2932.31 How does BLM establish fees for Special Recreation
Permits?
(a) The BLM Director establishes fees, including minimum annual
fees, for Special Recreation Permits for commercial activities,
organized group activities or events, and competitive events.
(b) The BLM Director may adjust the fees as necessary 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, non-Federal public agencies, and the private sector located
within the service area.
(c) The BLM Director will publish fees and adjusted fees in the
Federal Register.
(d) The State Director with jurisdiction--
(1) Will set fees for other Special Recreation Permits (including
any use of Special Areas, such as per capita special area fees
applicable to all users, including private noncommercial visitors,
commercial clients, and spectators),
(2) May adjust the fees when he or she finds it necessary,
(3) Will provide fee information in field offices, and
(4) Will provide newspaper or other appropriate public notice.
(e)(1) Commercial use. In addition to the fees set by the Director,
BLM, if BLM needs more than 50 hours of staff time to process a Special
Recreation Permit for commercial use in any one year, we may charge a
fee for recovery of the processing costs.
(2) Competitive or organized group/event use. BLM may charge a fee
for recovery of costs to the agency of analyses and permit processing
instead of the Special Recreation Permit fee, if--
(i) BLM needs more than 50 hours of staff time to process a Special
Recreation Permit for competitive or organized group/event use in any
one year, and
(ii) We anticipate that permit fees on the fee schedule for that
year will be less than the costs of processing the permit.
(3) Limitations on cost recovery. Cost recovery charges will be
limited to BLM's costs of issuing the permit, including necessary
environmental documentation, on-site monitoring, and permit
enforcement. Programmatic or general land use plan NEPA documentation
are not subject to cost recovery charges, except if the documentation
work done was done for or provides special benefits or services to an
identifiable individual applicant.
(f) We will notify you in writing if you need to pay actual costs
before processing your application.
Sec. 2932.32 When must I pay the fees?
You must pay the required fees before BLM will authorize your 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.
Sec. 2932.33 When are fees refundable?
(a) Overpayments. 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,
BLM will give you the option whether to receive refunds or credit
overpayments to future permits, less processing costs.
(b) Underuse.
(1) Except as provided in paragraph (b)(2) of this section, for
areas where BLM's planning process allocates use to commercial
outfitters, or non-commercial users, or a combination, we will not make
refunds for use of the areas we allocate to you in your permit if your
actual use is less than your intended use.
(2) We may consider a refund if we have sufficient time to
authorize use by others.
(c) Non-refundable fees. Application fees and minimum annual
commercial use fees (those on BLM's published fee schedule) are not
refundable.
Sec. 2932.34 When may BLM waive Special Recreation Permit fees?
BLM may waive Special Recreation Permit fees on a case-by-case
basis for accredited academic, scientific, and research institutions,
therapeutic, or administrative uses.
Sec. 2932.40 Permit stipulations and terms.
Sec. 2932.41 What stipulations must I follow?
You must follow all stipulations in your approved Special
Recreation Permit. BLM may impose stipulations and conditions to meet
management goals and objectives and to protect lands and resources and
the public interest.
Sec. 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
[[Page 61744]]
to a maximum of 5 years. BLM will determine the appropriate term on a
case-by-case basis.
Sec. 2932.43 What insurance requirements pertain to Special
Recreation Permits?
(a) 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 will notify BLM 30 days in advance
of termination or modification of the policy.
(b) We may also require vendors and other applicants, such as
organized groups, to obtain and submit such a policy. BLM may waive the
insurance requirement if we find that the vending or group activity
will not cause appreciable environmental degradation or risk to human
health or safety.
Sec. 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. BLM may waive the bonding requirement if we find that
your activity will not cause appreciable environmental degradation or
risk to human health and safety.
Sec. 2932.50 Administration of Special Recreation Permits.
Sec. 2932.51 When can I renew my Special Recreation Permit?
We will renew your Special Recreation Permit upon application at
the end of its term only if--
(a) It is in good standing;
(b) Consistent with BLM management plans and policies; and
(c) You and all of your affiliates have a satisfactory record of
performance.
Sec. 2932.52 How do I apply for a renewal?
(a) You must apply for renewal on the same form as for a new
permit. You must include information that has changed since your
application or your most recent renewal. If information about your
operation or activities has not changed, you may merely state that and
refer to your most recent application or renewal.
(b) BLM will establish deadlines in your permit for submitting
renewal applications.
Sec. 2932.53 What will be my renewal term?
Renewals will generally be for the same term as the previous
permit.
Sec. 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 only 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, also basing our decision on the
criteria in Sec. 2932.26.
(b) The approved transferee must complete the standard permit
application process as provided in Sec. 2932.20 through 2932.24. Once
BLM approves your transfer of permit privileges and your transferee
meets all BLM requirements, including payment of fees, BLM will issue a
Special Recreation Permit to the transferee.
Sec. 2932.55 When must I allow BLM to examine my permit records?
(a) You must make your permit records available upon BLM request.
BLM will not ask to inspect any of this material later than 3 years
after your permit expires.
(b) BLM may examine any books, documents, papers, or records
pertaining to your Special Recreation Permit or transactions relating
to it, whether in your possession, or that of your employees, business
affiliates, or agents.
Sec. 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.
(c) If we suspend your permit or a portion thereof, all of your
responsibilities under the permit will continue during the suspension.
Sec. 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 if 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 either a BLM employee or a participant in your activity.
(6) Obstruct or impede pedestrians or vehicles, or harass visitors
or other persons with physical contact while engaged in activities
covered under a permit or other authorization; or
(7) Refuse to leave or disperse, when directed to do so by a BLM
law enforcement officer or State or local law enforcement officer,
whether you have a required Special Recreation Permit or not.
(b) Penalties.
(1) Under the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1733(a)), if you are 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, you may be subject to a fine under 18 U.S.C. 3571 or other
penalties in accordance with 43 U.S.C. 1733.
(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.
(3) If you are convicted of failing to obtain a permit or paying a
fee required in this subpart, you may be subject to a fine under 18
U.S.C. 3571, pursuant to the Land and Water Conservation Fund Act, as
amended.
Subpart 2933--Recreation Use Permits for Fee Areas
Sec. 2933.10 Obtaining Recreation Use Permits.
Sec. 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 the 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
[[Page 61745]]
office for permit information when planning your visit.
Sec. 2933.12 Where can I obtain a Recreation Use Permit?
You may obtain a permit at self-service 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.
Sec. 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.
Sec. 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, or both.
Sec. 2933.20 Fees for Recreation Use Permits.
Sec. 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.
Sec. 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, non-Federal public agencies, and the private sector located
within the service area.
Sec. 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.
Sec. 2933.24 When can I get a refund of Recreation Use Permit fees?
If we close the fee site for administrative or emergency reasons,
we will refund the unused portion of your permit fee upon request.
Sec. 2933.30 Rules of conduct.
Sec. 2933.31 What rules must I follow at fee areas?
You must comply with all rules that BLM posts in the area. Any such
site-specific rules supplement the general rules of conduct contained
in subpart 8365 of this chapter relating to public safety, resource
protection, and visitor comfort.
Sec. 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--MINING CLAIMS UNDER THE GENERAL MINING LAWS
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.
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 6300--MANAGEMENT OF DESIGNATED WILDERNESS AREAS
4. The authority citation for part 6300 continues to read as
follows:
Authority: 43 U.S.C. 1701 et seq., 16 U.S.C. 1131 et seq.
5. Section 6302.20(i) is amended by removing the phrase ``section
8372.0-5(c)'' and adding in its place the phrase ``section 2932.5.''
PART 8340--OFF-ROAD VEHICLES
6. The authority citation for part 8340 is revised 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
U.S.C. 1241 et seq., and 43 U.S.C. 1701 et seq.
7. Section 8344.1 is amended by revising the cross-reference
``subpart 8372'' to read ``part 2930.''
PART 8370--USE AUTHORIZATIONS [REMOVED]
8. Part 8370 is removed.
PART 9260--LAW ENFORCEMENT--CRIMINAL
9. The authority citation for part 9260 continues to read as
follows:
Authority: 16 U.S.C. 433; 16 U.S.C. 460l-6a; 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.
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.''
[FR Doc. 02-24748 Filed 9-30-02; 8:45 am]
BILLING CODE 4310-84-P