[Federal Register: November 22, 2005 (Volume 70, Number 224)]
[Proposed Rules]
[Page 70570-70574]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no05-24]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 2930
RIN: 1004-AD68
[WO-250-1220-PA-24 1A]
Permits for Recreation on Public Lands
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would update the regulations of the Bureau
of Land Management (BLM) that tell how to obtain recreation permits for
commercial recreational operations, competitive events and activities,
organized group activities and events, and individual recreational use
of special areas.
The proposed rule is needed to remove from the regulations
inconsistencies with the Federal Lands Recreation Enhancement Act
(REA), which authorizes the Secretaries of the Interior and Agriculture
to establish, modify, charge, and collect recreation fees at Federal
recreation lands and waters for the next 10 years.
DATES: You should submit your comments by January 23, 2006. BLM will
not necessarily consider comments postmarked or received by messenger
or electronic mail after the above date in the decisionmaking process
on the proposed rule.
ADDRESSES:
Mail: Director (630), Bureau of Land Management, Administrative
Record, Room 401-LS, Eastern States Office, 7450 Boston Boulevard,
Springfield, Virginia 22153.
Personal or messenger delivery: Room 401, 1620 L Street, NW.,
Washington, DC 20036.
Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.. Internet e-mail: comments--washington@blm.gov. (Include ``Attn:
AD68'').
FOR FURTHER INFORMATION CONTACT: Lee Larson at (202) 452-5168 as to the
substance of the proposed rule, or Ted Hudson at (202) 452-5042 as to
procedural matters. Persons who use a telecommunications device for the
deaf (TDD) may contact either individual by calling the Federal
Information Relay Service (FIRS) at (800) 877-8339, 24 hours a day, 7
days a week.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters
I. Public Comment Procedures
A. How do I comment on the proposed rule?
If you wish to comment, you may submit your comments by any one of
several methods.
You may mail comments to Director (630), Bureau of Land
Management, Administrative Record, Room 401 LS, Eastern States Office,
7450 Boston Boulevard, Springfield, Virginia 22153.
You may deliver comments to Room 401, 1620 L Street, NW.,
Washington, DC 20036.
You may comment on the rule at the Federal eRulemaking
Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
You may also comment via e-mail to:
comments_washington@blm.gov.
Please make your comments on the proposed rule as specific as
possible, confine them to issues pertinent to the proposed rule, and
explain the reason for any changes you recommend. Where possible, your
comments should reference the specific section or paragraph of the
proposal that you are addressing.
BLM may not necessarily consider or include in the Administrative
Record for the final rule comments that BLM receives after the close of
the comment period (see DATES) or comments delivered to an address
other than those listed above (see ADDRESSES).
B. May I review comments submitted by others?
Comments, including names and street addresses of respondents, will
be available for public review at the address listed under ``ADDRESSES:
Personal or messenger delivery'' during regular business hours (7:45
a.m. to 4:15 p.m.), Monday through Friday, except holidays.
Individual respondents may request confidentiality, which we will
honor to the extent allowable by law. If you wish to withhold your name
or address, except for the city or town, you must state this
prominently at the beginning of your comment. We will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
II. Background
The REA was passed in the 2005 Omnibus Appropriations bill signed
into law on December 8, 2004. The Act provides authority for 10 years
for the Secretaries of the Interior and
[[Page 70571]]
Agriculture to establish, modify, charge, and collect recreation fees
for use of some Federal recreation lands and waters.
Section 13 of REA repealed certain admission and use fee
authorities, including Section 4(a) through (i) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a et seq.), and Section
315 of the Department of the Interior and Related Agencies
Appropriations Act, 1996 (as contained in section 101(c) of Public Law
104-134; 16 U.S.C. 460l-6a). The latter provision authorized the
Recreational Fee Demonstration Program, which BLM has used to fund many
of our recreation sites. Because these authorities have been repealed,
we need to amend BLM's recreation permit regulations to remove
references to them.
Under REA, BLM will--
Reinvest a majority of fees back to the site of collection
to enhance visitor services and reduce the backlog of maintenance needs
for recreation facilities (including trail maintenance, toilet
facilities, boat ramps, hunting blinds, interpretive signs and
programs);
Participate in an interagency fee program that reduces the
number of national passes from four to one allowing visitors access to
all Federal recreation lands and sites;
Provide more opportunities for public involvement in BLM's
determination of recreation fee sites and fees; and
Provide for cooperation with gateway communities through
fee management agreements for visitor and recreation services,
emergency medical services, and law enforcement services.
BLM does not and will not charge a fee for many recreation
activities and sites on public lands. The REA includes additional
provisions that build on BLM's past experiences in the recreation fee
program and improve the fee program by clarifying the circumstances in
which fees may be charged. Under the Act, BLM will not charge standard
or expanded amenity recreation fees for--
General access to BLM areas;
Horseback riding, walking through, driving through, or
boating through public lands where no facilities or services are used;
Access to overlooks or scenic pullouts;
Undesignated parking areas where no facilities are
provided; or
Picnicking along roads or trails.
In addition, individuals under 16 will not be charged an entrance
or standard amenity fee.
Under the REA, BLM will form and use Recreation Resource Advisory
Committees for BLM sites and areas, or in lieu of a Recreation Resource
Advisory Committee, may use a Resource Advisory Committee under another
provision of law, to give communities additional opportunities to
provide input on the establishment of a specific recreation fee site or
the implementation of a fee, and will provide other opportunities for
notice and public participation before establishing a new fee. We will
also keep the visiting public informed on how we are using fee revenues
to improve visitor facilities and services.
III. Discussion of Proposed Rule
The proposed rule makes changes in the existing regulations on
permits for recreation on public lands in order to bring them into
conformance with the law, including the REA. This section of the
preamble describes the changes made in each section of the regulations.
Section 2931.3 What are the authorities for these regulations?
The proposed rule would amend this section to remove references to
the repealed authority, portions of the Land and Water Conservation
Fund Act, 16 U.S.C. 460l-6a, and add reference to the REA. It explains
that the REA authorizes BLM to collect fees for recreational use of
certain kinds of areas, and to issue special recreation permits for
group activities, such as commercial outings, and recreation events,
such as races or traditional assemblies. The rule also clarifies the
authority contained in Section 303 of the Federal Land Policy and
Management Act (FLPMA), 43 U.S.C. 1733. It also restates the functions
of 18 U.S.C. 3571 and 3581 et seq., that they establish penalties of
fines and imprisonment for violation of regulations. Finally, in this
section, the rule removes paragraph (b) discussing 36 CFR part 71,
because the regulations there are outdated.
Section 2932.57 Prohibited acts and penalties.
In this section, which covers prohibited acts and penalties related
to special recreation permits, the proposed rule would amend paragraph
(b)(3) by removing reference to the Land and Water Conservation Fund
Act and adding the REA in its place.
Section 12(d) of the REA establishes limits on penalties for
failure to pay recreation fees established under the Act. It provides
for such failures to be punishable as Class A or Class B misdemeanors,
but limits fines for a first offense to $100. (Under 18 U.S.C. 3571 and
3581, a Class A misdemeanor is subject to a penalty of not more than
$100,000 for an individual ($200,000 for an organization) or one year
in jail. A Class B misdemeanor is subject to a fine of not more than
$5,000 for an individual ($10,000 for an organization) or six months in
jail.) We have also revised paragraph (b) of section 2932.57 to reflect
this provision of the REA.
Section 2933.33 Prohibited acts and penalties.
The proposed rule would amend this section, which states
prohibitions and imposes penalties related to recreation use permits,
by removing references to the Land and Water Conservation Fund Act, and
substituting REA, where appropriate. To conform the prohibited acts in
paragraph (a) of the section with the table of penalties in paragraph
(d), we have added a provision to paragraph (a) requiring compliance
with recreation use permit stipulations and conditions. The proposed
rule would also remove unnecessary internal cross-references in this
section, and correct inaccurate legal citations.
IV. Procedural Matters
Regulatory Planning and Review (E.O. 12866)
This document is not a significant rule and was not subject to
review by the Office of Management and Budget under Executive Order
12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency. The rule
implements a new statute that affects all land managing agencies. The
other agencies are cooperating with BLM in developing general
guidelines for implementing the statute.
(3) This rule does not alter the budgetary effects or entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. It maintains current policies on user fees.
(4) This rule does not raise novel legal or policy issues. It cites
new statutory authority that does not have substantially different
effects on the program or the public.
During fiscal year 2004, BLM issued just over 109,000 Special
Recreation Permits of all kinds, with revenues totaling a little over
$8 million deposited into the Land and Water Conservation Fund (LWCF),
the Fee Demonstration Project, and other
[[Page 70572]]
miscellaneous accounts. These numbers are derived from the Public Land
Statistics, and represent an increase of slightly more than fivefold
since 1996. On the other hand, according to the American Recreation
Coalition, Americans spent more than $108 billion on wildlife-related
recreation (fishing, hunting, birdwatching, and so forth) alone. We
give these numbers to illustrate that the fees charged under BLM's
recreation program are minuscule compared with those realized by the
overall national recreation industry. Special Recreation Permits are
generally obtained by commercial outfitters and guides, river running
companies, sponsors of competitive events, ``snow bird'' seasonal
mobile home campers who use BLM's long-term visitor areas, and private
individuals and groups using certain special areas. Under current
regulations, use fees are established by the BLM Director, who may
adjust them from time to time to reflect changes in costs and the
market, and published periodically in the Federal Register. BLM may
charge actual costs, subject to certain limitations. During fiscal year
2004, BLM issued just over 655,000 Recreation Use Permits for use of
fee sites, with revenues totaling a little over $5,200,000. We state
these figures to give some idea of the scope of the BLM recreation
program in economic terms, and to show that the revenues from the
program do not approach $100 million annually. The REA makes changes in
the authorities for BLM's recreation fees, but Section 3 of the Act
does not change the policy for setting those fees: ``The amount of the
recreation fee shall be commensurate with the benefits and services
provided to the visitor,'' and ``[t]he Secretary shall consider
comparable fees charged elsewhere and by other public agencies and by
nearby private sector operators.'' Thus, it is clear that the changes
in the proposed rule will not have economic effects exceeding $100
million annually.
Regulatory Flexibility Act
The Department of the Interior certifies that this proposed rule
will not have a significant economic effect on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). BLM recognizes that most commercial recreation enterprises--
outfitters, guides, river-running companies, local retail outlets--are
small businesses, and that over 5,000 of them annually hold BLM
commercial or competitive permits. Nevertheless, this proposed rule
does not change permit fees, but rather updates the regulations to
reflect changes in authorities for the fees and changes their
allocation. Penalties for non-payment of fees would not affect
outfitters, event organizers, and other commercial permittees, who must
pay the fees before receiving permits.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
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.
Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. The
changes in the regulations required by enactment of the REA will not
lead to increases in user fees or any other cost factors that would
impel recreationists to travel to comparable foreign recreation
destinations.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on state, local, or
Tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on state,
local, or Tribal governments or the private sector. The rule has no
effect on governmental or Tribal entities. A statement containing the
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531
et seq.) is not required.
Takings (E.O. 12630)
In accordance with Executive Order 12630, BLM finds that the rule
does not have significant takings implications. The proposed rule does
not provide for forfeiture or derogation of private property rights. It
merely updates the regulations to reflect changes in statutory
authorities for the BLM recreation program covered by the regulations.
A takings implications assessment is not required.
Federalism (E.O. 13132)
In accordance with Executive Order 13132, BLM finds that the rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. The rule does not
have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.
The rule does not preempt state law.
Civil Justice Reform (E.O. 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments.
In accordance with Executive Order 13175, we have found that this
final rule does not include policies that have Tribal implications. The
rule has no effect on Tribal lands, and affect member of Tribes only to
the extent that they use public lands and facilities for recreation.
The rule merely updates the regulations to reflect changes in statutory
authorities.
E.O. 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use
This rule is not a significant energy action. It will not have an
adverse effect on energy supplies. The rule does not limit land use by
energy companies. It applies only to permits for recreational use of
public lands, how BLM collects revenues and applies them to the
program.
Paperwork Reduction Act
These regulations do not contain information collection
requirements that the Office of Management and Budget must approve
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
National Environmental Policy Act
BLM has determined that this proposed rule updating the recreation
permit regulations to recognize and reflect changes in statutory
authorities governing the payment and allocation of permit fees and the
penalties for nonpayment is a regulation of an administrative,
financial, legal, and procedural nature. Therefore, it is categorically
excluded from environmental review under section 102(2)(C) of the
National Environmental Policy Act, pursuant to 516 Departmental Manual
(DM), Chapter 2, Appendix 1. In addition, the proposed
[[Page 70573]]
rule does not meet any of the 10 criteria for exceptions to categorical
exclusions listed in 516 DM, Chapter 2, Appendix 2. Pursuant to Council
on Environmental Quality regulations (40 CFR 1508.4) and the
environmental policies and procedures of the Department of the
Interior, the term ``categorical exclusions'' means a category of
actions which do not individually or cumulatively have a significant
effect on the human environment and that have been found to have no
such effect in procedures adopted by a Federal agency and for which
neither an environmental assessment nor an environmental impact
statement is required. Therefore, a detailed statement under the
National Environmental Policy Act of 1969 is not required.
Author
The principal author of this proposed rule is Lee Larson of the
Recreation Group, Washington Office, BLM, assisted by Ted Hudson of the
Regulatory Affairs Group, Washington Office, BLM.
List of Subjects in 43 CFR Part 2930
Penalties; Public lands; Recreation and recreation areas; Reporting
and recordkeeping requirements; Surety bonds.
For the reasons explained in the preamble, and under the authority
of 43 U.S.C. 1740, we propose to amend chapter II, subtitle B of title
43 of the Code of Federal Regulations as follows:
Dated: October 24, 2005.
Chad Calvert,
Acting Assistant Secretary of the Interior, Land and Minerals
Management.
PART 2930--PERMITS FOR RECREATION ON PUBLIC LANDS
1. The authority citation for part 2930 is revised to read as
follows:
Authority: 43 U.S.C. 1740; 16 U.S.C. 6802.
Subpart 2931--Permits for Recreation; General
2. Revise section 2931.3 to read as follows:
Sec. 2931.3 What are the authorities for these regulations?
The statutory authorities underlying the regulations in this part
are the Federal Land Policy and Management Act, 43 U.S.C. 1701 et seq.,
and the Federal Land Recreation Enhancement Act, 16 U.S.C. 6801 et seq.
(a) The Federal Land Policy and Management Act (FLPMA) contains the
Bureau of Land Management's (BLM's) general land use management
authority over the public lands, and establishes outdoor recreation as
one of the principal uses of those lands (43 U.S.C. 1701(a)(8)).
Section 302(b) of FLPMA directs the Secretary of the Interior to
regulate through permits or other instruments the use of the public
lands, which includes commercial recreation use. Section 303 of FLPMA
authorizes BLM to promulgate and enforce regulations, and establishes
the penalties for violations of the regulations.
(b) The Federal Land Recreation Enhancement Act (REA) authorizes
BLM to collect fees for recreational use in areas meeting certain
criteria (16 U.S.C. 6802(f) and (g)(2)), and to issue special
recreation permits for group activities and recreation events (16
U.S.C. 6802(h).
(c) 18 U.S.C. 3571 and 3581 et seq. establish sentences of fines
and imprisonment for violation of regulations.
Subpart 2932--Special Recreation Permits for Commercial Use,
Competitive Events, Organized Groups, and Recreation Use in Special
Areas [Amended]
3. Amend section 2932.57 by revising paragraph (b) to read as
follows:
Sec. 2932.57 Prohibited acts and penalties.
* * * * *
(b) Penalties. (1) If you are convicted of any act prohibited by
paragraphs (a)(2)-(a)(7) of this section, you may be subject to a
sentence of a fine or imprisonment or both for a Class A misdemeanor in
accordance with 18 U.S.C. 3571 and 3581 et seq. under the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1733(a)).
(2) If you are convicted of any act prohibited by paragraph (a)(1)
of this section, you may be subject to a sentence of a fine not to
exceed $100 for the first offense, or a sentence of a fine and or
imprisonment for a Class A or B misdemeanor in accordance with 18
U.S.C. 3571 and 3581 et seq. for all subsequent offenses.
(3) You may also be subject to civil action for unauthorized use of
the public lands or related waters and their resources, for violations
of permit terms, conditions, or stipulations, or for uses beyond those
allowed by permit.
Subpart 2933--Recreation Use Permits for Fee Areas
4. Amend section 2933.33 by revising paragraphs (a), (b), and (d)
to read as follows:
Sec. 2933.33 Prohibited acts and penalties.
(a) Prohibited acts. You must not--
(1) Fail to obtain a use permit or pay any fees required by this
subpart;
(2) Violate the stipulations or conditions of a permit issued under
this subpart;
(3) Fail to pay any fees within the time specified;
(4) Fail to display any required proof of payment of fees;
(5) Willfully and knowingly possess, use, publish as true, or sell
to another, any forged, counterfeited, or altered document or
instrument used as proof of or exemption from fee payment;
(6) Willfully and knowingly use any document or instrument used as
proof of or exemption from fee payment, that BLM issued to or intended
another to use; or
(7) Falsely represent yourself to be a person to whom BLM has
issued a document or instrument used as proof of or exemption from fee
payment.
(b) Evidence of nonpayment. BLM will consider failure to display
proof of payment on your unattended vehicle parked within a fee area,
where payment is required to be prima facie evidence of nonpayment.
* * * * *
(d) Types of penalties. You may be subject to the following fines
or penalties for violating the provisions of this subpart:
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If you are convicted of * * then you may be
* subject to * * * under * * *
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(1) Any act prohibited by A sentence of a fine The Federal Land
paragraph (a)(4), (5), or and/or imprisonment Policy and
(6) of this section. for a Class A Management Act of
misdemeanor in 1976 (43 U.S.C.
accordance with 18 1733(a)).
U.S.C. 3571 and
3581 et seq.
(2) Violating any regulation A sentence of a fine The Federal Land
in this subpart or any and/or imprisonment Policy and
condition of a Recreation for a Class A Management Act of
Use Permit. misdemeanor in 1976 (43 U.S.C.
accordance with 18 1733(a)).
U.S.C. 3571 and
3581 et seq.
[[Page 70574]]
(3) Any act prohibited by A fine not to exceed The Federal Lands
paragraph (a)(1), (2), or $100 for the first Recreation
(3) of this section. offense, or a Enhancement Act (16
sentence of a fine U.S.C. 6811).
and/or imprisonment
for a Class A or B
misdemeanor in
accordance with 18
U.S.C. 3571 and
3581 et seq. for
all subsequent
offenses.
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[FR Doc. 05-23113 Filed 11-21-05; 8:45 am]
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