BLM News: Recreation Q & A 5/16/00

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Last updated: 04/04/03

Q & A

Recreation Permits Proposed Rule

What does the new rule do?

The proposed rule would--

establish a new system, based on time required to administer applications, for determining costs for reimbursement to BLM; this will help ensure a fair return to BLM for special uses of the public lands, as urged by the General Accounting Office and the Inspector General of the Department of the Interior;
add new regulations on how to obtain Recreation Use Permits for fee areas, such as campgrounds, certain day use areas, and recreation-related services;
update the regulations of the BLM 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; and
clarify the regulations and reorganize them in a more systematic way, relocate the regulations to the subchapter dealing with other land use authorizations, and simplify the language.

Why is the BLM rewriting the regulations?

The BLM is rewriting the rule to update the regulations to--

reflect changes in recreation technology, greater emphasis on resource protection, especially for threatened and endangered species, over the last 15 years, increased popularity of large scale recreational events, and increases in demand for finite recreational resources leading to conflicting uses;
update the cost recovery requirements for issuing recreation permits by requiring cost reimbursement for applications taking more than 50 hours of administrative time, in line with other BLM and Forest Service land use programs (instead of the current threshold of $5,000);
allow BLM field managers flexibility to make decisions concerning permits and permit conditions, based on the local land and resource conditions (instead of, for example, setting arbitrary national numerical thresholds for numbers of vehicles triggering a permit requirement); and
provide guidance and standards for use of developed recreation sites.

Which activities on the public land will be affected by this proposed rule?

Any large scale events, including--

large gatherings such as the Burning Man Festival, district scout camporees, fraternity and sorority events, and weddings;
competitive events such as eco-challenge-type competition, endurance races, dog sled races, OHV races;

Commercial uses such as--

outfitters and guides;
jeep tours;
trail rides;
commercial photography associated with a recreational activity, that is, photography for sale to participants; and/or

Any recreational activity or event that might pose appreciable risk--

to public lands resource values, and/or
public health and safety.

How will this rule affect outfitters and guides, including river runners?

It would mostly affect an applicant applying for a new Special Recreation Permit in a new area that has not had NEPA analysis completed. This would most likely trigger the cost recovery threshold of 50 hours of staff time to administer and monitor the permit. The proposed rule would require the applicant to apply 180 days in advance of the desired use date of the permit. However, BLM could issue the permit in less time if the conditions and situations allow it.

Does this proposed rule increase the cost of a Special Recreation Permit?

It would only increase the cost of the permit if the required staff time to administer and monitor the permit exceeds the 50 hour staff time threshold for cost recovery. These increases will generally affect only new applications and large-scale, short-term events that require complete NEPA analysis and monitoring. Cost reimbursement is not likely to be necessary for outfitter and guide permit renewals.

Why is BLM increasing permit cost recovery?

Since 1984, BLM has made no changes, not even adjustments for inflation, in the threshold for requiring cost recovery. While BLM's appropriated recreation budget has had a slight increase over the past decade, the cost of providing visitor amenities, administration, and other services to the expanding recreation public has escalated dramatically. In auditing the BLM's accounts, the General Accounting Office (GAO) and the Office of Inspector General (OIG) have advised the agency to obtain a fair return on the special uses of the public lands and waters under its jurisdiction.

What are the new fees?

There are no new fees. There is a change in the requirement to pay full cost recovery if the staff time to issue and administer the permit is over 50 hours. The existing regulations require this if the cost to issue and administer the permit is over $5,000.

How will these fees be used?

Under the Land and Water Conservation Fund Act, the revenues collected from recreation programs, sites, services, and events are returned to the land managing agency for management of the site generating the revenues, and do not go to the general fund. BLM places the revenues from cost recovery in a special Treasury account for each permit, and uses the account to cover all of our costs of issuing and administering the permit through its completion.

BLM will use revenues from fees for both Special Recreation Permits and Recreation Use Permits on a variety of projects and services that will help protect the public lands and waters and benefit the recreation public and the special user groups to which the fees apply. BLM will be able to--

provide better services;
expedite the permit process;
improve our ability to protect public health and safety at events held on the public lands and waters;
improve interpretive services and signing; and
hire seasonal workers and other personnel.

BLM will also use a portion of the revenue to improve the recreational infrastructure in many ways--

refurbish recreation sites;
upgrade restroom facilities,
collect refuse; and
improve accessibility for all users.

BLM will use all of the Special Recreation Permit fees and Recreation Use Permit fees that we collect at the site of collection to improve the quality of the public's recreation experiences.

What activities qualify for a waiver from these fees?

There are no waivers for cost recovery fees unless authorized by the Director of BLM, but BLM charges cost recovery fees only for exceptional permits that require more than 50 hours of staff work to process, issue, and administer. BLM may waive, on a case-by-case basis, permit fees for academic, scientific, research, therapeutic, or other qualifying uses.

How may I obtain a permit?

Contact the local BLM office with jurisdiction over the land you wish to use in advance of your intended use time and find out what is required of you for the permit application and when you should submit it.

Will these new fees adversely affect small businesses that rely on the public lands to make a living?

No. The effect on small businesses is almost negligible. Costs should be noticeable only in the case of applications for a new permit requiring NEPA analysis.

When will these new rules go into effect?

The new rules will go into effect 30 days after publication of a final rule, drafting of which will begin sometime after the 60 day proposed rule comment period.

How may I obtain more information?

You may 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.

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