[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

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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