M:\RECREATION-WILDERNESS\Permits - and Reference …
RECREATION PERMITS
ON
PUBLIC LANDS
April 3-4, 2008
Refresher Class
Casper, Wyoming
Guidelines for Using this Notebook
This notebook contains a large volume of reference materials. Below are guidelines to help you keep track of these materials:
1. As you take the class, use a system for highlighting material that is important to your work. Use highlighters, tabs, etc., to mark those sections that apply
2. The appendices are shown in bold letters when referenced in each unit
3. Most of the appendices are also located at the back of the BLM Recreation Permit Administration Handbook
4. An electronic copy of most of this material and other recent guidance, IBLA decisions involving permits, and other helpful reference material can be found, viewed and downloaded by going to the below site:
Enter the same user name and password that you would enter to log on to your computer or Lotus Notes.
5. You can also download the Recreation Permits Administration Handbook,
Release 2-291, and this notebook from the above site.
Table of Contents
Major Units
Unit 1. Background and Authorities
Unit 2. Preapplication Consultation
Unit 3. Receiving and Processing the Application
Unit 4. Permit Administration
Unit 5. Decisions, Protests and Appeals
Unit 6. Other Kinds of Permits
How to Register Special Recreation Permits Computer-Based Training 8300-15
If you have questions on registering, contact Catherine Book at 602-906-5550
A. Register for the pre-assessment for Special Recreation Permits course
Open DOI at Enter your user name and password and log on.
Select course catalog on blue menu bar. Select catalog
Type recreation permits in search box and select search
Select Recreation Permits Pre-Assessment. Enter a 0 for travel/per diem/material costs, Select agency as funder
Select the Apply Button at bottom of the screen
Steps to take the pre-assessment:
Go back up to blue menu bar and select my courses
On gray bar, select on-line courses
Scroll down to line with Special Recreation Permits - Pre Assessment
Select Test from the right column
Select Take Test in center of your screen (note: text is small)
Answer all 31 questions. Then select View test results for this course
Close window to return to main registration/catalog page
B. Formally register for the course
Go back to blue menu bar and select course catalog. Select catalog
Type recreation permits in search box and select search
Select Special Recreation Permits. Enter a 0 for travel/per diem/material costs, select agency as funder
Select the Apply Button at bottom of the screen
C. Steps to access the course
Go back up to blue menu bar and select my courses
Select online courses on the gray bar
Scroll down and select Special Recreation Permits
The course will launch. A menu page comes up. Select Overview. Then complete each subsequent unit.
Note: If menu page does not open in after 30 seconds , close the screen and select Special Recreation Permits Course again.
D. Instructions to Access the Post Test
Exit the main SRP course by selecting the menu window in the upper left hand corner
Return to My Courses view in DOI Learn.
Register for the Assessment in the same way you registered for the course. (i.e., use search engine, type in Special Recreation Permits) Select the assessment in the Course Catalog under title Post-Assessment - Special Recreation Permits.
Once you have registered, select My Courses.
Locate the Assessment, then click the Test(s) link located under the Options column to start test.
Course Objective
At the end of this course, you will be able to administer Special Recreation Permits consistently and correctly and use them as a management tool to carry out the objectives of the management plan.
What do you hope to get from this course?
Pre-Course Assessment
1. List 3 statutory authorities used by BLM for issuing Special Recreation Permits.
2. List the 2 permits used to authorize recreation use on public lands.
3. List 3 types of Special Recreation Permits.
4. List 3 reasons to issue Special Recreation Permits.
5. Under FLREA what are 3 of the facilities or services the BLM needs to provide before a
recreation site can be considered a fee site?
6. The threshold for entering into a cost recovery project is:
$5,000
40 hours of staff time
50 hours of staff time
$2,500
7. Who can be prosecuted for involvement in an unpermitted commercial activity?
the activity organizer
the participants
both
T F 8. The BLM can charge a fee for the use of a boat ramp.
T F 9. While a SRP case is on appeal to the IBLA, the Field Office manager can negotiate a settlement with the permittee.
T F 10. All fees from Golden Eagle receipts are kept by the Washington Office for administrative costs of SRP program.
T F 11. Under current policy the field office manager may modify SRP fees.
T F 12. The minimum fee for an SRP is refundable.
T F 13. Spectators can be charged for a permitted event in a special area.
Unit 1 - Background and Authorities
Objective: At the end of this unit, you will know the authority under which we issue permits, the types of activities which can be permitted under those authorities, and the reasons for issuing permits.
Major Topics
A. Background
B. Authorities
What authorities do BLM have to issue permits?
Authorities/Regulations/References – Copies in Appendix of this Notebook
Legislation
Federal Land Recreation Enhancement Act, P.L. 108-447
Federal Land Policy and Management Act
Rules and Regulations
Proposed Rule, Permits for recreation on Public Lands, 43 CFR 2930, May 16, 2000
Final Rule and Proposed Rule, Permits for Recreation on Public Lands, 43 CFR 2930, October 1, 2001
43 CFR 2930, Code of Federal Regulations, October 2006 Edition – Complete Text
Manuals and Handbooks
BLM Manual 2930 – Recreation Permits and Fees – (Public) Rel 2-296 10/22/07
BLM Handbook H-2930 – Recreation Permits and Fees (Public) Rel 2-295 8/7/2006
Washington Office IM’s
1. WO IM 2005-017, Automatic Fee Adjustment for Special Recreation Permits (SRP)
2. WO IM 2005-092, Policy on Geocaching
3. WO Instruction Memorandum 2007-028, REA – Final Public Participation Policy
IBLA Decisions
Listing of Titles of IBLA Decisions on Recreation Permits, Sorted by Subject
To view the text, go to electronic Recreation Permits Reference Guide:
What do we issue permits for?
Managing recreational use
Reducing recreational use conflicts
Reducing resource conflicts
Getting a return for commercial use of public lands
Education and communicate with the public
Implementation of recreation planning
What types of permits do we issue?
What kinds of activities are permitted?
What is our relationship with permittees?
What do we expect from permittees?
What public service do they provide?
Unit 2 - Preapplication Consultation
Objective: At the end of this unit, you will be able to conduct a preapplication consultation with a client and obtain all of the information needed to begin processing of a permit application.
Major Topics
Who are the customers?
Customer service
Evaluate if they need a permit
Check land use plan
Who are the customers?
What does good customer service do . . .
For the customer?
_____________________________
_____________________________
_____________________________
... For the public lands resources?
_____________________________
_____________________________
_____________________________
... for BLM?
_______________________________
_______________________________
_______________________________
Hallmarks of Good Customer service
1. Good communication skills
2. Exchange of accurate information
3. Knowledgeable public contact representative
4. Thorough understanding of customer needs
5. Your understanding of BLM regulations and policy
6. Can you think of others? _______________________________
Definition of good customer service ---
The customer’s expectations are met or exceeded.
The best way to avoid unmet expectations is to establish them for the customer rather than have the customer invent them.
On Making and Keeping Promises
Making a promise for some future action is inherently risky because the future is uncertain. The risk increases when we make a promise others have to keep. When you make a promise for a specific outcome, “you will have an approved permits in 60 days,” you have made a promise to numerous people besides yourself. We cannot make promises as to a specific outcome. The promises we can make are about fairness and access to the permitting process.
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B. Customer Service
What do you think about the quality and amount of information the recreation specialist got?
What do you think the recreation specialist should have done?
Why do you think it is important to ask questions of the applicant prior to them
applying for a permit?
1. Reality check
2. Saves us time and frustration
3. Saves applicant time and frustration
4. Given information we can make other recommendations
What questions should the recreation planner have asked the outfitter in the role play?
[pic]
Pre-application Interview Checklist
( Charging a fee?
( Any competition?
- who are competitors
- what services being provided
( One time event?
( Advertise?
( Invite public?
( How many participants?
( What type of support staff do they have?
( Do you have a site in mind?
( Is it motorized or non-motorized?
( What is their experience/background in area?
( What are impacts to the environment?
( Alternative dates for event if weather or conditions change
( Others:
C. Evaluate if They Need a Permit
Once you determine the type of proposed activity, you can determine if the applicant needs a permit.
Types of Activities Requiring Permits
1. Commercial Use is defined as recreational use of the public lands and related waters for business or financial gain. When 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, the use is considered commercial. An activity, service, or use is commercial if anyone collects a fee or receives other compensation that is not strictly a sharing of, or is in excess of, actual expenses incurred for the purposes of the activity, service or use. Commercial use is also characterized by situations where a duty of care or expectation of safety is owed participants as a result of compensation. It may also be characterized by public advertising for participants.
Use by scientific, educational, and therapeutic institutions or non-profit organizations is considered commercial when the above criteria are met and subject to a permit when the above conditions exist. Non-profit status of any group or organization does not, in itself, determine whether an event or activity arranged by such a group or organization is noncommercial. Profit-making organizations are automatically classified as commercial, even if that part of their activity covered by the permit is not profit-making.
Fund raising for any purpose is always commercial
Tip – Always make a determination as to whether an activity is commercial before any other determination. This step is the first one on the SRP decision tree.
Examples: outfitters and guides, jeep tours, wagon train rides, cattle drives, photography, etc.
2. Competitive activity
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Definition: Any organized, sanctioned, or structured use, event, or activity on public land in which two or more contestants compete and either of the following elements apply:
1. Participants register, enter, or complete an application for the event; or
2. A predetermined course or area is designated.
Examples: OHV races, horse endurance rides, mountain bike races, rodeos, orienteering, land speed records, Eco-Challenge events, poker runs, etc.
3. Organized group activity and event use
Definition: Groups of people that are neither commercial nor competitive.
Determine if the use is recreational. If not, a land use permit may be more appropriate.
Determine if land use plan sets group size limits. Use this as guidance as to whether a permit is needed.
Evaluate the potential resource concerns, user conflicts or need for monitoring. Do some informal scoping with the resource staff to determine if there is immediate or obvious concerns such as: health and safety, resource damage, risk of damage to federal facilities or property.
If you determine an SRP is not required, you may document this with the applicant in a letter of agreement. See Appendix C-8-2 of handbook for an example of Letter of Agreement
Determine if the activity/event is more than casual use.
Examples: large scout camp out, fraternity activity, large family reunion at a site or participating in recreation activity, dual sport event, etc.
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Tip: There is no longer a 50-vehicle threshold for a permit. Actually, there has never been a 50 vehicle threshold. The old regulations allowed a waiver of the SRP for groups with less than 50 vehicles.
4. Special area permits
Special Areas are designated by statute, Executive, or Secretarial order, State Director special rule making authority, or 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.). BLM may require individuals using special areas to obtain an SRP and pay SRP fees. Example: backpacking permit in Paria Canyon.
5. Vending permits
Definition: When goods or services are being sold on public lands in conjunction with a recreational activity. Most commonly, vending is associated with large event commercial SRPs such as off highway vehicle races, rocket launches, etc.
Vendor permits are short term, temporary, non-exclusive, revocable, and to sell goods and services
Occasionally, there may be a desire to vend at a recreation attraction site. Such vending should be specifically provided for in planning and contribute to recreation management goals and objectives. Examples might be sale of firewood at a campground or providing shuttle services for a river run. Sale of food or souvenir items seldom contribute to objectives. Permitting of vending at attraction sites changes the natural, social and managerial settings of the site.
Exceptions - when permit requirements may be waived
1. 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 significant damage to public land or water resource
values.
2. Co-sponsorship - The use is sponsored or co-sponsored by the BLM.
Reference - 43 CFR 2932.12 for more details
D. Check land use plan
During the preapplication process - decide if proposed use is allowable under existing land use plans and environmental documentation.
1. Become familiar with the plans that could impact issuing a permit
- Resource Management Plans (if no RMP, check Management Framework Plan)
- Activity plans
- Wilderness and ACEC plans
- Operating plans in field office - e.g., no camping within 100 ft of stream
- Programmatic consultations, plans for T& E, etc.
2. Review Federal Register notice that initiated the special areas
3. What is carrying capacity of the area, has it been reached
4. Other considerations documented in programmatic or site EAs,
Bottom line: Is activity appropriate, legal, etc., OR is it a prohibited activity within a Wilderness Area or other special designation?
Use the permit process as a management tool
Can shift applicant into another area, like ORV “Open” area
Can disperse use
Others: _______________________
What other things can you do short of just turning the customer away or just having them apply, only to be denied?
- Suggest another area that might be appropriate for the activity
- Recommend other things they would need to do to increase their chances of obtaining a permit
Note on planning: If your office is currently “doing” a plan, you should lay the groundwork for later issuing permits tied to this plan
- address permitted uses
- project amount of use to allow
- develop list of criteria/activities that are suitable for permitting
Checklist of things applicant may need in order to make application:
( application form 2930-1
( 180 days in advance (can do less/more if authorized officer agrees)
( insurance (general requirements)
( tell what the fee structure is, stipulations that would apply, bonding
requirements
( how to fill out application and put together operating plan
( fee calculation: how to pre-estimate fee
( private landowner and other agency permission
( what type of stipulations may apply
( Is applicant licensed
( where to go to get license
( additional fees that may apply, such as camping permits
( map requirements, especially what to include on map
( district or state forms
( operating plan (See Appendix C-13 and C-14 for sample operating plans)
( brochures, client waivers, price list
( additional state, field office requirements/factors, i.e., lottery,
( have permit before, with whom (other agency, BLM district)
( additional requirements for joint agency permits
Others?
(
(
(
FACTORS TO CONSIDER DURING THE PRE-APPLICATION PROCESS
Potential Resource Concerns
Activity could impact sensitive resources (cultural, T&E, wildlife, etc.)
Seasonal use concerns (wildlife, soil saturation, sediment load)
Sanitation problems that will likely occur
Potential User Conflicts
There is an existing authorized use in area (minerals, range, other recreation permits, casual use)
safety concerns with other users
impact on recreational experience for other users (i.e., wilderness)
Concerns from law enforcement on enforcement issues.
Monitoring and Other Concerns
Native American sensitivities (spiritual site, Traditional Cultural Property etc.)
need driven by resource protection and preservation
Impact to adjacent users (private land owners, other permitted public land users. etc.)
health and safety concerns
access concerns (via residential streets, or limited routes that could cause impacts)
Unit 3 - Receiving and Processing
the Application
Objective: At the end of the unit, you should be able to evaluate and identify the major steps that you would take to process an application, including NEPA review.
Major Topics
A. Timeliness and bases to cover - the big picture for time management
B. Steps in processing
1. Preliminary Review
2. Initial scoping
3. External scoping
4. Environmental documentation
5. External review
6. Decision record
7. Issue/authorize permit
C. Documentation
A. Timeliness and Bases to Cover - the Big Picture for Time Management
Goal: Within 30 days after receiving the application, notify the applicant of:
Problems - nonconformance to Land Use Plan, etc.
Processing delay potential - manpower, scheduling, etc.
Cost recovery requirement potential
Acceptance or denial of application as submitted
Events, Commercial Tour or Outfitter Guide:
Receive application 180 days prior to event date if proposed use has been evaluated or permitted before.
Ask for one (1) year or more prior to the date if the activity has never been permitted and you know it will need review.
Vendor: Applications usually needed less than 120 days before start date when associated with a large event SRP.
Organized Group: Depends on size, intent or purpose.
Pages 17 - 19 of the Handbook contain the steps and time frames for issuing SRP’s
Appendix B-4 contains additional time line flow chart for preparing environmental documentation
B. Seven Steps in Processing an Application
Step 1: Preliminary Review
a. Have they given you enough lead time
b. Is application complete
c. Does it conform to land use plan
d. Does it conform with recreation plans and policy
Step 2: Initial Scoping
NEPA documentation needs
Cost recovery and time estimate
Step 3: External Scoping
Public scoping
Native American consultation
Fish and wildlife consultation
Field work
Step 4: NEPA Documentation
Administrative determination
Categorically excluded
Environmental Assessment and FONSI
Environmental Impact Statement
Step 5: External Review
Public notice
SHPO and Native American Consultation
Request fees and insurance
Step 6: Decision Record
Mitigation measures
Stipulations
Closure
Appeals process
Step 7: Issue and Authorize Permit
Monitor
Post use report
Post use evaluation
Discussion of Each of 7 Steps
Step 1. Preliminary review
Is there enough lead time?
Is application complete?
Does it conform to the land use plan?
Is action categorically excluded?
You have 30 days from the time the application has been received and date stamped in the office to do a brief review of the proposal and notify the applicant of your finding.
Step 2. Initial scoping of proposal
You should have determined during preliminary review and initial scoping as to whether the activity was categorically excluded, if an Administrative Determination would be adequate, or whether an environmental assessment and FONSI is needed.
If unsure about this, ask your office environmental coordinator or supervisor/manager
If you are deciding for yourself, follow the guidance in the BLM NEPA Handbook H-1790-1.
Step 3. External scoping
What would you do during this stage? Important step to help determine potential regional or local conflicts such as displacement of other recreationists or disturbance of natural resources.
Step 4. Environmental Assessment Preparation
Types of Documentation
Administrative determination
Categorical exclusion
Environmental assessment and FONSI
EIS
NEPA Reference documents and Training Courses
Overview of BLM’s NEPA Process, Guide from Satellite Broadcast 1620-02 BC. Copies can be downloaded from NTC’s home page at ntc.
Environmental Assessment Level Analysis, Guidebook from NTC Satellite Broadcast 1620-03. Hard copies available from NTC, contact Catherine Book at 602-906-5550.
NTC has a computer-based class on NEPA Concepts, Course 1620-17DL. It covers the various types of NEPA documents referenced above. You can register on-line by going to DOI Learn web site at:
For additional information, contact Catherine Book at National Training Center at 602-906-5550.
• NTC also has a NEPA Analysis, EA Focus, 1620-13 class that is delivered to individual field offices. Your office can request this training through Cathy Humphrey, 602-906-5536.
Five NEPA Screening Questions
1. Are existing analysis and documentation adequate?
If yes, document in an Administrative Determination. For example, see Appendix B-10
Was the proposed action covered under EIS?
Is there a programmatic EA? See Appendix B-5 for example
Are there previous EA’s -- Is it feasible to tier to an existing EA?
2. Is the proposed action EXCEPTED from NEPA requirements?
Such as emergencies, Congressional action -- which generally doesn’t apply to SRP’s
3. Is the proposed action categorically excluded from NEPA?
Issuance of Special Recreation Permits for day use or overnight use up to 14 consecutive nights that impacts no more than 3 staging acres; and/or for recreational travel along roads, trails, or in areas authorized in a land use plan. This CX cannot be used for commercial boating permits along Wild and Scenic Rivers. This CX cannot be used for the establishment or issuance of Special Recreation Permits for “Special Area” management (43 CFR 2932.5).
4. Is the proposed action one that normally requires an EIS?
An Environmental Impact Statement is required when significant impact to the human environment is expected
5. Is the proposed action expected to significantly affect the environment? See Appendix B-15 for the 10 questions to evaluate "intensity"
What types of permit activities, or their scope, might require an EIS?
__________________________
__________________________
__________________________
Note: An SRP application could be rejected if it does not fit into the Land Use or Special Recreation Management Plans. . . In this case, a NEPA document is not required, but you will need to write up your findings justifying the decision to reject or deny the application.
Utilize NEPA and land use planning tools that will streamline the process:
Programmatic EAs
Programmatic Consultations
Cover permit issues in land use plans
Step 5. External review of NEPA documentation
Notice of availability
SHPO, Native American Consultation
Include those contacted in Step 3
Others?
Step 6. Prepare decision record
Notify the public as appropriate
Do not send out a Draft of the EA
Do not sign the EA. List preparers.
The Authorized Officer signs the Record of Decision
Appendix B-12 contains an example of a FONSI and Decision Record
Step 7. Issue/authorize permit
Request the final requirements from the applicant:
Proof-of-Insurance certificate
Prepayment fee
Performance bond (as needed)
Copy of state licenses as needed
Appendix B-13 contains an example of a decision approving an application.
Appendix C-17 contains the Lower Salmon River Recreation Area Management Plan, which demonstrates the environmental documentation from beginning through implementation of the decision.
What techniques have you been able to use to shorten permit processing?
1.
2.
3.
4.
Unit 4 - Permit Administration
Objective: At the end of this unit, you will be able to properly process an application for a recreation permit, including calculating fees, writing terms and conditions, reviewing insurance, conducting compliance and monitoring.
Major Topics
A. Fees
B. Fee collection mechanics
C. Terms and stipulations
D. Insurance, liability and bonds
E. Compliance, monitoring, and evaluation
F. Post use reporting
G. Performance evaluations
H. Renewing a permit
I. Transferring permit privileges
J. Record keeping
A. Fees
Types of Fees Associated with Special Recreation Permits
1. Cost Recovery Charge
Fees charged by BLM to applicant in addition to any use fees to cover costs to process SRP.
When?
? If more than 50 hours of staff time is required for processing a permit.
? If 50 hour threshold is exceeded, then recovery costs begin with the first hour.
Notify applicant in writing within 30 days of receipt of application.
Recovery charges must be collected up front
Further work on the permit should not take place until cost recovery fees are received.
Charged primarily for new or substantially different activities or events; not for routine business with permittees or long term monitoring.
May also be charged to:
cover costs for application processing
permit lottery systems
site reservation systems
other special services
What to charge?
Determine how many hours will be needed to process the permit.
Multiply by the hours by the hourly wages(s) of the processor(s). This may involve adding the recreation planner’s time to that of other staff people involved in the process (i.e., cultural, T&E, etc.)
Add in cost of vehicle mileage, travel and per diem, other costs.
See BLM Handbook 1323 for Lands cost recovery determination examples
When the 50 hour threshold is met:
For organized and competitive groups: Charge SRP fee or cost recovery fee, which ever is higher.
For commercial activities: Charge both SRP fees and cost recovery.
*Insert cost recovery table
*History of fees (Dennis to email)
2. SRP Fees
SRP fees for the use of public lands and related waters charged for:
a. Commercial use
b. Competitive use
c. Vendor use
d. Special area permit fees
e. Organized groups/events
f. Others, such as assigned sites, exclusive use, grazing associated with SRP
a. Commercial use fees (franchise fees)
Fees established by Director; published in Federal Register
What to charge?
• Minimum annual non-refundable fee for commercial SRP is $90
• Use fees in excess of the minimum are based upon a percentage of the adjusted gross revenue derived from the use authorized under the SRP. Currently 3% of gross revenue
• And any individual special area SRP fees.
Purpose: Provides fair return to government for opportunity to make a profit off Federal Lands
NOTE: These are NOT USE FEES, NOT IMPACT FEES on guests although many commercial ventures pass this cost of doing business on to their guests.
Deductions for Commercial Permits
Allowed for actual transportation & lodging costs incurred before a guest’s arrival at the beginning of a trip, and after departure at the end of a trip.
Examples of Allowable Deductions:
airplane travel from gateway airport to permittee’s headquarters;
lodging in a motel the night before the start of the trip.
Not allowed for costs incurred:
Between permittee’s headquarters or local community and public land;
During permitted activity or trip, regardless of public or private land status; and
For lodging on non-public land during the trip
(For more information, see manual page 31, Point #4)
Non-Public Land Discount for Commercial Permits
A discount is allowed for time spent off public land or related waters which occurs between the time when a customer leaves a permittee’s headquarters or local community at the beginning of a trip, and when they return at the end of a trip. (See Handbook page 32, Table 1). Make sure there is no overlap or double deduction with transportation costs.
Commercial permittees who rent equipment, deliver, and pick-up customers on public lands or related waters are not eligible for this non-public land use discount.
| | | |
|Percent of Total Time on Public |Fee |Multiplication |
|Lands or Related Waters |Reduction |Factor |
| | | |
|Less than 6% |80% |.20 |
| | | |
|6 - 60% |40% |.60 |
| | | |
|61 - 100% |None |None |
Permittee is required to provide trip, duration, itinerary, or such other information specified by authorized officer to support requests for fee reductions and deduction.
Exercise: Calculating Commercial Use Fees
The owner of Happy Hunting Grounds, Inc. has applied for a big game commercial permit in your Resource Area. In his operating plan, he projects that he will have 50 hunters which he will charge $2,500 each for a 5 day hunt which includes pickup from the airport and travel to and from the Happy Hunting Grounds Lodge (60 miles each way). The Lodge estimates that it will make a total of 10 trips to and from the airport shuttling hunters using two of its vans for each trip.
Also included in the charge is lodging for 7 nights at the Lodge including one night at the beginning and one night at the end of the hunt. The Lodge normally charges $60 per person per night for room. The hunters will spend approximately 45% of their hunting time each day on the Lodge’s private land and the rest will be on BLM public land. The distance between the Lodge and the public lands is 10 miles each way.
Calculate the fees that Happy Hunting Grounds owes to the BLM.
GENERAL PROCEDURE FOR CALCULATING COMMERCIAL USE FEES
Calculations for Commercial SRP’s Fees
Step 1 Total all customer payments received by the permittee.
Step 2 Subtract all documented allowable transportation and lodging deductions claimed by the permittee and reported as part of total payments.
Step 3 Multiple by the amount derived in Step 3 by 3% percent to derive amount due BLM
Step 4 Apply any applicable discounts for non-public land and related water use.
Step 5 Subtract prepaid fees from total due (Step 4) to determine balance due.
Deductions and Discounts - the authorized officer may request verification of these deductions and discounts.
i. Deductions for Transportation and Lodging
From total customer payments, deductions are allowed for certain transportation and lodging costs before arrival at the beginning of a trip, and after departure at the end of a trip from a permittee’s headquarters or local community. These deductions do not include costs incurred between the permittee’s headquarters or local community and the public lands, or for costs incurred during the permitted activity or trip regardless of public or private land status.
Transportation Deductions - For applicable transportation described above, the actual costs incurred may be deducted, provided they are reasonable and consistent with local area charges. Where specific amounts are determined by the Director, they should be used.
Lodging Deductions - Lodging costs paid for or borne by the permittee which are incurred on non-public lands, before or after the permitted activity, may be deducted up to the actual amount paid, to the extent they are consistent with local community rates. Cost incurred for lodging on non-public land during the trip shall not be deducted; however, the time spent on non-public land may be applied to the discount for non-public land use.
Discount for Non-Public Land Use
A discount is allowed for time spent off public land or related waters which occurs between the time when a customer leaves a permittee’s headquarters or local community at the beginning of a trip, and when they return at the end of a trip. (See Table 1 on page 4-6 of this notebook). Make sure there is no overlap or double deduction with transportation costs.
Commercial permittees who rent equipment, deliver, and pick-up customers on public lands or related waters are not eligible for this non-public land use discount.
The permittee is required to provide trip, duration, itinerary, or such other information as may be specified by the authorized officer to support requests for fee reductions based on use of non-public lands or related waters. All deductions and discounts described in 1. and 2. above must be approved by the authorized officer.
Minimum Annual Fee
The non-refundable, minimum annual fee for all commercial permits is $90.00. (Will go to $95 later in FY ’09)
b. What to charge?
• The greatest of:
1. Minimum annual non-refundable fee for commercial SRP is $90
2. If the use is also commercial, fees based upon a percentage of the adjusted gross revenue derived from the use authorized under the SRP. Currently 3% of gross revenue
3. Or, $4 per participant per day
• And any individual special area SRP fees.
Deductions are not allowed for competitive SRPs.
Discount for off public lands may be allowed.
c. Vendor Use Fee - What to charge?
Charged in addition to the minimum fee ($90) and at the same rates as commercial use fees (3% of gross)
Calculated using gross receipts of on-site sales associated w/ permitted activity.
Deductions and discounts are not allowed for Vendor permits.
d. Special Area Permit Fees
Who Pays Special Area Fees?
Fees, if imposed by the State Director, apply to all users of the area, including guests of commercial outfitters and participants or spectators in competitive event and organized groups.
America the Beautiful Passes and access do not apply to any SRP fees.
Special Area Fees are added to the commercial, competitive or organized group SRP fees.
How is the amount of the fee determined?
amount of fee is set by the State Director
the public must receive appropriate notice of decision to charge or change fees.
Factors considered in setting fees:
Costs of operating permit system
Special management costs related to the area
Comparability with other agencies
Fairness/equity among users
Public input
Exercise on Special Area Fees
Tucker River is designated as Tucker River Special Area. To use the Special Area, management has set a $5 fee per person per day as a special area fee. A commercial trip with 5 clients and 2 guides takes a three-day trip on the river. The cost for the commercial trip is $250/person (not including the Special Area fees).
Non-Commercial Users
Fee collection methods for non-commercial users in Special Areas vary widely and can include:
• Staffed fee collection stations
• Mail
• Automated vending machines
• Internet
• Office visit
e. Organized Group/Event Fees - What to charge?
The minimum fee for organized group permits is $90.00 or $4.00/person/day, whichever is greater; plus individual special area SRP fee where applicable.
State Directors may set a higher fee based upon:
• Costs of operating permit system.
• Special management costs related to area
• Comparability with other agencies
• Fairness and equity among all users
No deductions are allowed. However, the off-public lands discount may be applied.
f. Other Fees Associated with SRPs
Other fees that may be charged are assigned site fees, exclusive use fees and grazing fees, and any applicable standard and enhanced amenity fees.
- Assigned Site Fees
When? charged for exclusive commercial use of a site and are in addition to commercial use fees
$180 March 2005 until March 2008
does not preclude public use of the area
fee set in BLM’s national fee schedule; revised every 3 years using Implicit Price Deflator Index
use of assigned sites must be temporary in nature
any temporary structures or improvements must be removed immediately upon conclusion of event or activity
- Exclusive Use Fees
When? authorized officer determines that activity or event (whether commercial or not) requires exclusive recreation use of a site
• annual or per occurrence assigned site fee (established by State Director) charged in addition to other permit fees (i.e., commercial use fees, Special Area fees)
• must be equal to or greater than assigned site fee (minimum $180 in 2005)
- Grazing Fees
When?
charged for stock grazing or trailing associated with SRP
calculated based on grazing fee formula in effect at time SRP is issued
be sure to consider impacts to existing grazing leases; SRP grazing use does not supersede any existing authorized grazing use.
B. FEE COLLECTION MECHANICS
1. When are fees collected?
Fees must be paid IN ADVANCE of any authorized use to ensure that the government receives payment.
The only exception to this would be authorized periodic payments for commercial use where total fees are expected to exceed $1,000.
2. How are fee payments made?
a. Estimated Fees
Commercial Use - estimates should be based on either the amount of fees paid the previous year, or an annual revenue estimate agreed to by both the permittee and authorized officer.
--- if revenues are uncertain, the minimum fee may be appropriate
Competitive Use - estimates based on projected gross revenues or number of participants and spectators as agreed upon
* Estimated, prepaid fees cannot be less than the minimum fee
b. Periodic Payments - for commercial use only (Reference pages 31 and 37 of the 2930 handbook).
Authorized officer may make arrangement for periodic (i.e., preseason, mid-season, and post season) fee payments if estimated annual fee is greater than $1,000.
At least 25% of the total fee must be paid up-front
Specific payment dates should be established before issuing permit and documented in permit file.
c Preparing the Billing
Determine type of fee(s) to charge.
Calculate user fees from applicant’s estimated use.
Prepare and send a billing on that basis.
Statement should include a note that permit will not be issued until fees are paid in advance.
If applicant can’t make payment, the Area Manager must require the posting or a cash or surety bond, or other guarantee of payment. (See Bond section)
* Note: $90.00 paid as minimum for upfront is non-refundable.
3. Depositing Fees
Fee Deposit Accounts
a. 1232 - Fee Deposit Account
100% of the fees collected are deposited into the 1232 account
This is a dedicated account which CANNOT be used for purposes other than in the area and activity for which the fees were collected
Which of the following items can you use these fees for:
___Management?
___Cattle guards?
___Seasonal work months?
___Boating equipment?
___Employee bonus?
___T&E Species monitoring?
4. Adjustments in Fees
| | |
|Overcharges |Undercharges |
| | |
|- Result in refund for one time or single year permits |- Bill remainder after receiving post use report. |
|- For multi-year commercial permits: | |
|Overpayments should be applied to | |
|next year’s use fees. | |
5. Refunds
| | |
|Can Refund |Cannot Refund |
| | |
|Over-payments of commercial fees for single year permits |Application fees |
|Commercial and use fees for vending, competitive use, and organized |Minimum annual permit fees |
|group event use (less the cost of permit processing) if event or |Multi-year commercial fee over-payments |
|activity is canceled |Special Area permit fees to individuals (unless there’s an unusual |
|Special situations - BLM closes a campground or an area due to a fire |situation, i.e., abnormally high/low river flows) |
| |All cost recovery charges incurred up to time of permit cancellation |
| |Commercial and use fees for vending, competitive use, & organized group|
| |event use for an event/activity in fully allocated area that is |
| |canceled without sufficient time for authorized officer to reallocate |
| |use |
6. When can fees be waived or varied?
The authorized officer may waive fees only if:
The SRP is issued for research and/or scientific, therapeutic, administrative use DIRECTLY related to management of the permit area.
The event or activity is co-sponsored by BLM.
Note: Nonprofit, educational, or public agency status is not, by itself,
a basis for waiving fees.
C. TERMS AND STIPULATIONS
Purpose of terms and stipulations:
1. General Terms
• Included on permit form (SRP Form 2930-1).
• Additional general terms in Handbook, page 40-41, that need to be included in all special recreation permits except those for individual use of Special Areas.
• See Appendix C-1 through C-5, and C-20 for examples of other stipulations.
When Writing Special Stipulations, remember that: Stipulations are used to implement decisions from land use plans, activity plans, NEPA mitigating measures, or other management documents.
Special stipulations become part of permit-need to be enforceable/usable for evaluation.
Talk with your law enforcement staff about any stipulations which may require legal enforcement actions.
2. Stipulations
State Directors should develop stipulations for Special Area permits
Some states may have standard stipulations for all permits or for some types of permits (i.e., river use)
3. Special Stipulations
Developed and included when standard stipulations are inadequate or fail to address management needs.
Should be attached to permit before it is sent to applicant, along with standard stipulations.
Developed from the mitigating measures described in environmental analysis to
protect lands/resources (as example, LNT/Tread Lightly)
reduce user conflicts
minimize health and safety hazards
See Appendix C-21 for example of special stipulations for Gunnison Gorge Commercial River Permits.
Special stipulations become part of permit and need to be enforceable and usable for evaluation
Stipulations should be reviewed and agreed upon by applicant. Have applicant sign required stipulations
We need to have clear jurisdiction regarding the enforcement and use of the stipulations.
Talk with your law enforcement and others when developing them.
See Appendices C-1 through C-5 for sample stipulations for a variety of activities.
4. Agency Coordination and Joint Permits
Joint permits are issued when commercial recreation activities involve more than one jurisdiction (I.e., two BLM offices, other agency lands (USFS), etc.)
Local, state governing bodies, etc. may require separate permits or authorizations. If required, the permittee is responsible for securing appropriate agency clearances and/or permits, and provide proof on demand by BLM.
Generally: the agency, having the greatest amount of the proposed use, processes the application and issues the permit.
Intent of joint permits: When an actual activity/event crosses boundaries, not when activities take place at different locations within a state or area. The intent is not to issue statewide permits
Handling fees in joint permits:
Fee revenues should be distributed and paid in accordance w/agreed upon criteria. Permittees may be required to write separate checks to each agency.
Stipulations in joint permits
Each agency involved in the joint permit should have its standard and special stipulations included as part of the permit.
Monitoring joint permits
Generally, handled by the agency that issued the permit; however, the MOU might state that each agency is responsible for conducting monitoring on their respective lands.
D. INSURANCE, LIABILITY & BONDS
1. Insurance and Liability
Insurance is intended to provide:
• Restitution for damage or injury to participants, spectators or both, or to privately owned resources.
• Protection from litigation resulting from actions taken or caused by the permittee or participants in a permitted use.
The authorized officer needs to consider whether larger coverages are required by evaluating the type and level of activity to be authorized.
What are the minimum insurance requirements?
General Liability $ 300,000 per occurrence
Property Damage $ 30,000 per occurrence (May be included in annual aggregate)
Annual Aggregate $ 600,000 (includes property damage, bodily injury, or death)
Table 2 (from Handbook page 45)
General Guidelines for Minimum Insurance Requirements
| | | |
|SRP Event or Activity |Per Occurrence |Per Annual Aggregate |
| | | |
|Low Risk: general non-competitive and non-commercial activities such as group | | |
|camping, group activities, mounted orienteering, backpacking, dog trials, etc. |$300,000 |$600,000 |
| | | |
|Moderate Risk: whitewater boating, horse endurance rides, OHV events, mountain | | |
|bike races, rock climbing (with ropes), ultra-light outings, rodeos, etc. |$500,000 |$1,000,000 |
| | | |
|High Risk: BASE jumping, speed record events, unaided rock climbing, etc. | | |
| |$1,000,000 |$2,000,000 - $10,000,000 |
Minimum documentation of insurance for the SRP file:
Official one-page documentation from licensed insurance company that proves applicant has valid current insurance covering event or activity specified in SRP, with US Government listed as additional insured.
What needs to be on the certificate of insurance or the insurance policy?
Certificate/policy should name the U.S. Government as additional insured, (not co-insured)
Should stipulate that the authorized officer will be notified at least 30 days prior to termination or modification of the policy
Name on policy or certificate of insurance must be the same as name on the permit
Time period for insurance must match time period of permit; for multi-year outfitters, the insurance need only be valid during periods of actual use)
Other required documentation:
Permittee must notify authorized officer (AO) in case of:
death or injury = within 48 hours
accidents w/ property damage of $2,500 = within 10 days
DI 134 must be completed for accidents and given to safety officer
If the insurance expires:
Permit is valid only as long as they have current proof of insurance on file. Manual states that authorized officer must be notified 30 days prior to permit termination or modification.
In the case of a joint USFS/BLM permit, which agency needs to be listed as additional insured?
See Appendices C-9 and C-10 for additional guidance on reviewing insurance.
2. Bonds
A bond is a contractual arrangement between the government, the permittee and a financial institution that provides monetary protection for the public for allowing use of the public lands.
Kinds of Bonds
a. Cash Bond - amount of money deposited with the government which can be drawn upon to defray costs of restoration and rehabilitation of the lands affected by a permitted use.
b. Payment Bond - amount of money deposited or a promissory arrangement entered into to guarantee payment of fees associated with a SRP.
c. Surety Bond - promissory note of a financial institution that guarantees payments of an amount of money to defray the costs of restoration of the lands affected by the permitted use.
Bonds and guarantees will be returned to the permittee upon satisfactory compliance with all permit stipulations, including any reclamation and/or rehabilitation.
If approved by the authorized officer in advance, a payment bond or other guarantee may be used to pay estimated advance fee payments in excess of the minimum annual permit fee.
E. COMPLIANCE MONITORING AND EVALUATION
What is Compliance Monitoring?
Monitoring is checking for compliance with SRP terms and conditions, stipulations and operating plans.
Also includes checking to ensure that all commercial operators in your area have a permit
Why do we need to Monitor Permits?
• Ensure resource protection
• Make adjustments in permit/stipulations/operating plan
• See if authorized use is the “right fit” for the area and check its impact on the resource and other users
• Check for compliance with laws, regulations, mitigation stipulations
• Build rapport with permittee and users
• BLM presence
• Ensure continued compliance and put pressure on non-compliants to abide
• Determine if requirements for performance bond have been met satisfactorily
• Protect public health and safety
What do we monitor?
• Resource impacts
• Actual use
• Compliance with permit requirements
Types and Methods of Monitoring:
Types and methods for monitoring vary greatly by type of permit and type of permittee.
The amount and type of monitoring needs to be commensurate with:
the resource values at risk
the permittee’s past performance record
the ability to obtain monitoring services through other means such a local police, other permittees, the public, other agencies with jurisdiction, etc.
Monitoring and Compliance Documentation
Your role as a resource manager requires that you document your monitoring and compliance efforts.
Consider using some structure, method to do monitoring, (not just a walk through)
Recognize there may be short and/or long term, cumulative impacts on a site
Monitoring must be done objectively to be effective and justifiable
Results of your monitoring should feed into your working with the permittee next year or prepare the way for adverse actions against the permittee
Monitoring Techniques
Site visit records
Campsite inventories
Recreation staff and law enforcement logs
Video and photos
Databases
Checking trip logs and post use reports
F. POST USE REPORTING
Authorized officer sets:
Reasonable time schedule to submit post use reports, such as 10 days after event, monthly, seasonally or annually.
Reasonable reporting requirements
information necessary to calculate use numbers, fees and gross revenue (for commercial and competitive, vendor),
gross revenue
trip logs
post use questionnaire
For competitive events, vendors, and individual commercial events, the post use questionnaire may be sufficient.
What to Check for on Post Use Reports
Check to see if actual use and gross revenue reported is consistent with that authorized
Check to see if additional fees are required or credit given
Ensure that the information collected is of sufficient detail to allow preparation and submission of RMIS system
Check for comments, complaints, and other information that permittee may include with report
See Appendix C-15 for sample of post use report and sample trip log form.
Inspection of Records and Audits
Audits are a review of the permittee’s financial and other records related to the permit to determine if they are following regulations requiring reporting of revenue, total use and additional revenue (i.e., concessions), etc.)
Records reviewed in an audit may include personal/business tax reports, bank statements,
Audits may be used as part (or all) of a justification for an adverse action against the permittee.
Authority to inspect a permittee’s record
The Authorized Officer, or other duly authorized representative of the BLM, may examine any records or other permit-related documents of the permittee or the permittee’s operator, employees, or agents for up to 3 years after the expiration of the permit.
Random Audits - should be conducted regularly on a state-wide level
Should, at a minimum, include audit of revenues and visitor use.
Should contract independent auditors to conduct.
If an audit finds discrepancies, who is responsible for ensuring proper payment or permit compliance, including initiating adverse actions against the permittee?
See Appendix C-16 for sample of contract for audit of commercial SRP.
G. PERFORMANCE EVALUATIONS
What is the purpose of Performance Evaluations?
Evaluate permittee’s performance & compliance with permit stipulations and terms
Provide feedback to permittee
Provide documentation of permittee’s performance
Evaluate how well they did what they said they would do in the operations plan
When should performance evaluations be done?
At a minimum-- annually
At end of permit term
When there are changes in operating plans or procedures
When violations occur
Prior to issuance of a new use authorization to an existing permittee
Prior to permit renewal
Key considerations in developing evaluations:
Degree of compliance with permit conditions and operating plans
Protection of resource values
Quality of services rendered to the public
Compliance with other Federal, State, local laws, and regulations
Performance Ratings Used to Evaluate Permittees
1. Acceptable Performance
• Permittee generally operated in accordance with permit conditions. May include some minor deficiencies that need correction; but if they persist, they may result in a probationary rating
• Generally eligible for permit renewal
2. Probationary Performance - permittee has not operated in full accordance with permit conditions
Level of performance does not pose a threat to the safety or guests
Does not involve a violation of law
Does not pose a threat of significant resource damage
Permits in probationary performance cannot be transferred
Permittees with probationary ratings will only qualify for a permit not to exceed 1 year; multi-year permits will be amended to one-year.
Probationary ratings 2 years in a row - AO may suspend or terminate permit and/or deny future permits.
3. Unacceptable Performance
• Not operated in accordance w/ permit conditions and cannot be allowed to continue
• Level of performance is a threat to safety of guests or others
• Involves serious violation of law
• Threat of significant resource damage
• Major violation of administrative or financial obligations
Unacceptable performance ratings will result in suspension, termination, or revocation of permit privileges as appropriate to the circumstances.
H. RENEWING A PERMIT
Permits should only be renewed when the permittee:
Has met all the requirements for initial application.
Applied for permit renewal within time frames.
Satisfactorily met all requirements of previous Federal permits including an acceptable performance evaluation.
Has current insurance certificate or policy on file.
Paid all billing notices when due.
Provided all requested data in timely manner.
The continued use is consistent with the RMP or RAMP, and there are no overriding use authorizations.
I. TRANSFER OF PERMIT PRIVILEGES
Procedure for Transferring a Permit
Permittee wanting to sell or terminate a permit must notify the AO in advance, in writing, and receive advanced written approval for the transfer from the AO.
Existing permittee must advise the AO in advance of any action that would ultimately result in a change in ownership or controlling business interest.
Approval of the transfer is discretionary with the AO.
Prospective buyer should be given the first opportunity to seek the permit.
Items to consider in determining whether to approve transfer
• Adequate documentation must be provided that a bona fide business transfer or sale is intended. Transfer or sale must include a substantial portion of the equipment and other tangible assets needed to conduct a business. BLM may require an independent appraisal of the business to ensure that the transaction is a viable business transaction, not an attempt at selling permit privileges.
• Transfer is limited to no more than historic use of the permit.
• Previous permittee should generally have operated at an acceptable standard for at least the past 2 years.
• Proposed permittee should provide written description of type of service to be offered, including anticipated operational changes from present permittee.
• Proposed permittee must be able to meet all standards required in conformance with management Federal, State and local regulations.
• Proposed permittee must provide sufficient information and referrals for the AO to assess their qualifications to operate.
• Proposed permittee must provide documentation of business agreements or contracts such as names or owners, partnerships agreements, or articles of incorporation.
• A permit that is transferred may contain terms and conditions, and/or use allocations which are entirely different from the original permit.
J. PAPERWORK MANAGEMENT
What types of documentation should be kept in the official case file?
___________________________
___________________________
___________________________
___________________________
What types of documentation should NOT be kept in the official case file and why?
Drafts of letters, environmental documents, and decisions that are not officially signed or mailed
Documents not applicable to this permit
Others? _______________________________
Suggestions for file management
Keep it neat and organized
Time and date stamp documents that are received
File in chronological order - This is Bureau protocol and the Interior Board of Land Appeals (IBLA) requires this order
Use 4 or 6-way folders
Retain anything that is official correspondence or decision making documents
Remember to print out and file email correspondence
Appendix C-18 contains guidance on what materials to include in an “official case file.” Many of these points are applicable to setting up a SRP case file so that it is accurate, presentable and defendable should your action be contested or your manager’s decision be appealed to the IBLA.
For the most complete and up-to-date decisions, consult BLM’s Recreation Permit Reference Guide at:
Appendix C-19 contains a summary of various IBLA decisions through April, 1993 that affect SRP program. The last appendix contains the titles applicable IBLA decisions.
EXERCISE 1
Estimating Fees for Pre-payment
To: BLM
From: Big Wave Dave
Subject: Estimated Use for the Upcoming Season
We expect to run 15 two-day trips and 10 three-day trips this season. All trips will have 10 clients. Our two-day trips will launch late afternoon at BLM’s Put In Recreation Site, spend one night on the river at our private (the only private inholding on the entire river, you know of) Lodge, then take out early the next afternoon at BLM’s Take Out Recreation site. When we reach the Great Snake Lake, we will hire a jet boat to carry clients and gear to Take Out. Cost of the jet boat will be $500 per trip.
Our three-day trips will launch at Put In and take out at Take Out. We will provide all camping gear for two nights camping along the river.
We will be charging $300 per person for our two-day trip and $375 per person for our 3-day trips.
Exercise: Using the Guide Book at pages 24-28, calculate Big Wave Dave’s pre-payment.
EXERCISE 2
Post Use Report Fee Reconciliation
Big Wave Dave’s River Tours submitted his use report following a successful season on the river:
20 two-day trips, 10 clients/trip @ $300.00 per person.
10 three-day trips, 10 clients/trip @ $375.00 per person.
Exercise: Using the Guide Book at pages 24-28, calculate actual use fees for the season.
Does Big Wave Dave owe money, or will he get a refund or credit for next year?
* are these 5 inserts needed
example of Bill for Collection* keep
IM No. 2002-214 (has this been updated) delete
MOU between BLM and USFS -keep
1997 Annual Operating Plan -keep
Certificate of Insurance (Poor Example) – keep – we use in an exercise.
Unit 5 - Adverse Actions
Objective: At the end of the unit, you will be able to identify a situation requiring an adverse action, and make a recommendation to management or law enforcement officer on whether or not to pursue an administrative, civil, or criminal action.
Major Topics
A. What are adverse actions?
B. Criminal actions
C. Administrative actions
D. Decisions
E. Protests
F. Appeals
A. What are Prohibited Acts?
See 43 CFR 2932.57 and 9200
Examples
Failure to obtain a required permit
Violation of permit terms and conditions
Littering
Destroying vegetation
Interfering with lawful users of public land
Molesting livestock
See regulations at 43 CFR 9200 for a complete list
Also see 43 CFR 2933.33 of Recreation Use Permits & 9200 for other prohibited acts.
Also includes violations of the Wilderness Act, Archaeological Resource Protection Act, Wild Free Roaming Horse and Burro Act, Endangered Species Act, Lacey Act, etc.
Before you initiate an action against a violator - be sure you can argue effectively that:
1. The violation actually occurred and be able to present some kind of proof of this - such as:
• first hand knowledge (you observed the violation) or you have the credible testimony of a reliable source such as another resource specialist, seasonal employee or other witness you determine to be reliable or other physical evidence
• monitoring records, incident reports or other documents,
• before and after photos; other examples?
2. That the permittee was well informed of the permit conditions in question.
3. For a criminal action you may have to show that the permittee or his employee made a knowing and willful decision to violate the conditions of the permit. Remember, a person’s intentions are more reflected in their actions than in the excuses they give after the fact.
If you believe that you may have a permit violation, be sure to:
1. Pull together what you know about the incident - any documentation and compare this against what the permit agreement actually says.
2. Talk to the permittee and get their explanation of what happened from their perspective. Try to determine if it was accidental, intentional, knowing, willful, negligence, situations outside their control, etc. From this point onward be sure to document everything - keep conversation logs.
3. Share information with other offices where the violator has an SRP. Also, consult with other agencies that may have involvement such as Fish and game, Health Department, State Parks, etc.
4. Make a decision about whether or not to pursue an adverse action against the permittee. If you do not have a solid case you can always document the incident, change stipulations and make sure the permittee is well informed in the future about your expectations.
5. If you feel you have a good case, present it to your authorized officer along with an outline of what you believe to be a reasonable set of options. Consider:
permittee’s level of experience with the permit program;
past performance;
compliance with other field office permit programs;
the level of severity of the violation - did it endanger the public or clients, damage sensitive resources, violate federal or state laws or regulations;
the agencies past response to similar situations....etc.
You may want to have an LE Ranger present to examine whether or not there is adequate cause to pursue a criminal action against the permittee.
What options are available in pursuing adverse actions?
Criminal Action
Administrative/Civil Actions
B. Criminal Actions
43 CFR 2932.57 Special Recreation Permits
“(a) Prohibited acts. On all public lands and related waters, it is prohibited to : (1) Fail to obtain a permit and pay any fee required by this subpart; (2) violate stipulations or conditions of a permit issued under authority of this subpart; (3)participate knowingly in an event or use subject to the permit requirements of this subpart where no such permit has been issued;.....”
“(b) Penalties. (1) Any person convicted of committing any prohibited act in this subpart, and violators of regulations or permit terms or stipulations, may be subject to a fine not to exceed $1,000 and/or imprisonment not to exceed 12 months.
(2) Authorized as well as unauthorized users may be subject to civil action for unauthorized use of the public lands or related waters and their resources, or violations for the permit terms or stipulations.
See 43 CFR 2933.33 for Recreation Use Permits and 9200 for other prohibited acts.
Also includes violations of the Wilderness Act, Archaeological Resource Protection Act, Wild Free Roaming Horse and Burro Act, Endangered Species Act, Lacey Act, etc.
For simple cases, the LE Ranger will issue a violation notice where he/she will specify whether or not the violator needs to appear before the Federal Magistrates court or simply pay a fine, when the violator is going to plead guilty to the charge.
If the LE Ranger decides that the case warrants it, he/she may make it mandatory for the violator to appear before the Federal Magistrate who oversees the district in which the crime was committed, regardless of whether or not the violator wants to plead innocent or guilty.
If he/she is going to plead innocent to the crime - they must appear before the Federal Magistrate for an initial appearance. The case can be heard before the magistrate or the individual being charged may choose to have a jury trial in Federal District Court.
Remember, once the LE Ranger initiates an investigation and issues a violation notice to the permittee, you have to be very careful not to do anything that could be seen as affecting the outcome of the case (conversations with the violator, working out administrative actions to resolve the violation, etc. with the express permission and oversight of the LE Ranger.) Once the criminal or civil option is initiated, the issue is totally in the hands of the law enforcement ranger
C. Administrative/Civil Actions
Types of Administrative Actions:
Choose not to take an adverse action. If you do not take action because of deficiencies in you stipulations or operations plans, you should correct these items
Issue a verbal warning. It may be verbal to the violator, but it must be documented in your files
Issue a letter of non-compliance or written warning
Permit evaluation. Annual evaluations are required, but you can issue a permit evaluation at any time. You may put the permittee on probation or as having unacceptable performance
Suspension
Decision to deny future permits
Termination or revocation
What is a civil action?
These are actions taken through the Assistant U.S. Attorney’s Office to recover actual and/or punitive costs associated with a violation. The Assistant U.S. Attorney’s Office can also issue injunctions and court orders barring an individual from taking an action on BLM administered lands. If the injunction is violated - then the U.S. Marshall’s Office has the responsibility for taking action against the violators.
Situation: If permit privileges are lost on other Federal or State land, would that be the basis for denying permit on BLM lands?
Situation: Can BLM charge service charges and interest for late payments, post use reports, failure to cancel reservations, etc.?
When issuing a permit, state up front what the penalties are for civil/criminal penalties.
- Include in an operating plan/permit
- provide in application materials
D. Decisions
Final decisions of the authorized officer to approve a permit, deny a permit or take action against a permittee may be appeal to the IBLA.
Decision must include information on the procedure for making a protest or filing an appeal. (See final wording in manual)
This must be accomplished by enclosing a copy of Form 1842-1 with the decision.
E. Protests and Appeals
A. What is the procedure for a Protest?
1. Proposed decisions of the AO may be protested (including published proposed decision in the Federal Register or a newspaper of general circulation.)
2. Protests shall be filed with the AO.
3. Protests must be received by the AO within 15 days of: (a) receipt of the proposed decision by the affected party, or (b) the published proposed decision in the Federal
Register or a newspaper of general circulation.
4. Upon filing of a protest, the AO shall reconsider the decision to be implemented in the light of the evidence submitted, and in view of other information pertinent to the case.
5. At the conclusion of the review, the AO shall prepare a recommended decision on the protest which shall be reviewed by the next higher level authority.
6. The decision of the higher level authority is the final decision by BLM. The final decision on protests should be made within 15 days of receipt of protests.
7. Applicant may appeal the final decision.
B. What is the Procedure for an Appeal to IBLA?
1. Individuals who believe they are adversely affected by a BLM decision to issue or deny a SRP may appeal the decision with the Interior Board of Land Appeals (IBLA) under Title 43 CFR, Part 4.
2. The appellant’s notice of appeal must be received by the Authorized Officer (generally the field manager) within 30 days of the receipt of the final decision, or within 30 days of publishing the final decision in the Federal Register or a newspaper of general circulation.
3. Within 30 days filing the notice of appeal with the AO, the appellant files a complete statement or reasons for the appeal with IBLA and provides a copy to the regional solicitor.
4. Decision to issue a permit take effect immediately upon execution if BLM determines that the proposed use is in conformance with BLM plans, policies and programs, local zoning, ordinances and any other requirements, and will not cause appreciable damage or disturbance to the public lands, resources or improvements.
5. All final decisions of the AO shall remain effective pending the appeal unless the Secretary rules otherwise. Petitions for stay of decisions may be made to the Secretary, through the Director, Office of Hearings and Appeals.
6. To avoid appeals, concerns and issues which surface during the permit issuance process including the public review should be resolved at the lowest management level possible.
Note: Check the Permits Reference Guide for a complete and up-to-date listing of over 70 IBLA decisions. The URL for this web site is:
You can do word searches, view, download and/or print these IBLA decisions. So rely on the electronic reference guide rather than Appendix C-19.
How should you document illegal activities?
• BLM violations are reported using Form 9260-1 “Report of Criminal Complaint/Incident Accident.”
• Photographs are good documentation. Be sure to identify the date and time of the photograph, the photographer and any other circumstances relevant to the photograph.
• Other documentation may include witness statements, field diaries and logs kept by yourself or other staff.
The key thing is to have quality documentation prepared reasonably incidental to the event
Remember - An observation not documented is information lost
*Add Decision Tree on next page
*Add Price Field Office decision
Unit 6 - Other Kinds of Permits
Objective: At the end of this unit you will use the proper recreational use permits and other recreation related permits for the proper purposes.
Major Topics
A. Recreation Use Permits (RUP)
B. FLREA Criteria for fee sites
C. Pass Programs
D. Posting fee sites
E. Recreation Fee Demonstration Program
F. Entrance fees
G. Summary
Question: For what other reasons do we issue recreation permits?
A. Recreation Use Permits (RUPs)
The intent of RUPs -- 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 costs of construction, operation, maintenance, administration, and management of permits.
Type of activities, services, or facilities that might require a RUP include campgrounds, group shelters, boat launches, picnic areas, equipment rentals, entrance fees, and cabin rentals.
B. Federal Lands Recreation Enhancement Act Fee (FLREA) Criteria
NOTE: Some of the below guidance for FLREA implementation has been updated in 2006-2008 via WO IMs. Reference to the appendices of this notebook for those IMs.
A copy of FLREA is found in the appendix of this notebook.
Standard Amenity Fees
A Standard Amenity Fee may be charged for any of the following day use areas:
(1) A National Conservation Area.
(2) A National Volcanic Monument.
(3) A destination visitor or interpretive center that provides a broad range of interpretive services, programs, and media.
(4) An area that provides significant opportunities for outdoor recreation; that has substantial Federal investments; where fees can be efficiently collected; and that contains all of the following amenities:
(i) Designated developed parking.
(ii) A permanent toilet facility.
(iii) A permanent trash receptacle.
(iv) Interpretive sign, exhibit, or kiosk.
(v) Picnic tables.
(vi) Security services.
The Standard Amenity Fee is waived for:
Any person under 16 years of age
Outings conducted for noncommercial educational purposes by schools or bona fide academic institutions
Any person engaged in a nonrecreational activity authorized under a valid permit issued under any other Act, including a valid grazing permit
Expanded Amenity Fees
Expanded Amenity Fees, either alone or in addition to Standard Amenity fees may be charged for the following:
Use of developed campgrounds that provide at least a majority of the following:
(i) Tent or trailer spaces
(ii) Picnic tables
(iii) Drinking water
(iv) Access roads
(v) The collection of the fee by an employee or agent of the Federal land management agency
(vi) Reasonable visitor protection
(vii) Refuse containers
(viii) Toilet facilities
(ix) Simple devices for containing a campfire.
Use of highly developed boat launches with specialized facilities or services such as mechanical or hydraulic boat lifts or facilities, multi-lane paved ramps, paved parking, restrooms and other improvements such as boarding floats, loading ramps, or fish cleaning stations.
Rental of cabins, boats, stock animals, lookouts, historic structures, group day-use or overnight sites, audio tour devices, portable sanitation devices, binoculars or other equipment.
Use of hookups for electricity, cable, or sewer.
Use of sanitary dump stations.
Participation in an enhanced interpretive program or special tour.
Use of reservation services.
Use of transportation services.
Use of areas where emergency medical or first-aid services are administered from facilities staffed by public employees or employees under a contract or reciprocal agreement with the Federal Government.
Use of developed swimming sites that provide at least a majority of the following:
(i) Bathhouse with showers and flush toilets.
(ii) Refuse containers.
(iii) Picnic areas.
(iv) Paved parking.
(v) Attendants, including lifeguards.
(vi) Floats encompassing the swimming area.
(vii) Swimming deck.
What are the six criteria that should be considered in establishing FLREA fees?
Direct and indirect cost to the government
Benefit to the recipient
Public policy or interest served
Comparable recreation fees charge by other Federal agencies, non-Federal public agencies and the private sector located within the Service Area
Economic and administrative feasibility of fee collection
Other pertinent factors
Note: FLREA requires public participation in establishment of Fee Areas.
C. Recreation Pass Program
1. America the Beautiful Pass – the National Parks and Federal Recreation Lands Pass
The America the Beautiful Pass is the only National Recreation Pass authorized under FLREA. It covers all entrance fees (National Park and USFWS areas only) and Standard Amenity Fees. People holding this pass are not subject to NPS and USFWS entrance fees and Standard Amenity Fees at BLM and other agency sites. The pass does not cover nor discount Expanded Amenity Fees. The pass is good for a period of one year from the date of issuance, or for the life of the bearer if it was discounted for age or provided free of charge to a person with a disability.
The following passes will be honored in lieu of the America the Beautiful Pass until such time as they expire or need to be replaced due to loss, or theft.
2. Golden Eagle
Entrance pass for “Entrance Fee Designated” area only!
It does not cover or reduce recreation use permit fees for camping or parking etc.
Good for a 12 month period only
These are not replaceable, refundable, or transferable
It can be purchased as a gift, validated by signature of holder.
3. Age Discounted America the Beautiful Pass
Lifetime entrance pass to Entrance Fee Designated areas, plus,
50% discount on recreation use permit fees
It does not cover or reduce special recreation permit (SRP) fees, or
Fees charged by concessionaire
Must be obtained in person where entrance fees are charged
One time processing charge $10
Only available to citizens of the US who are 62 years old or older
You must show proof of age; drivers license, birth certificate, etc.
4. Disability Discounted America the Beautiful Pass
Lifetime entrance pass to Entrance Fee Designated areas,
• 50% discount on recreation use permit fees
• It does not cover or reduce special recreation permit (SRP) fees, or
• Fees charged by concessionaire
• Must be obtained in person where entrance fees are charged
• Only available to citizens of the US regardless of age, who have been medically determined to be blind or permanently disabled.
• Must show proof of medically determined blindness or permanent disability and eligibility for receiving benefits under federal law.
5. Other Passes
• No other national passes are authorized.
• Secretary may establish site specific or regional passes.
D. Posting Fee Sites
“Offices collecting recreation fees for use of fee sites are required to identify designated recreation use facilities by posting signs notifying the public that Federal recreation fees are charged. They must use standard U.S. Fee Area signs as provided in
36 CFR Part 71".
E. Recreation Fee Program
Effective with the passage of FLREA, the Recreation Fee Demonstration Program has terminated. Like fee demo, under FLREA, a special Treasury account is established. Recreation fees are deposited into 1232 accounts and are utilized to benefit the site or area where the fees were generated.
F. Standard Amenity Fees
Standard Amenity Fees are those fees charged for entering designated fee areas and visitor centers that charge an entrance fee.
Expanded Amenity Fees are those fees charged for using facilities and services such as campgrounds, boat ramps, fishing docks, trails, interpretive services, swimming sites, viewing areas, tours, etc., in designated FLREA fee areas.
Question: How many designated Standard Amenity Areas does BLM have?
Establishing Amenity Fees
Why? Because Congress gave BLM authority under the 1993 amendment to the LWCF so as to expand the effectiveness of the Golden Passport program, in particularly the Golden Eagle Passport. It allowed BLM, as an Interior agency, to charge an entrance fee at the Bureau’s eight National Conservation Areas. Under FLREA BLM has authority to establish Standard Amenity and Expanded Amenity fee areas.
When? When BLM has specific, unique, scenic, historical, scientific, cultural, or recreational purposes.
The Bureau has recreation facilities or services provided at Federal expense and is configured in such a way that fee collection is administratively and economically practical.
How? Establishment of standard or expanded amenity fee sites requires publication in the Federal Register at least six months before establishment. There must also be public outreach and a plan to review progress. Consultation with the Resource Advisory Committee is also required except in Alaska and Wyoming.
G. Concession Leases
Concession Leases (CL) are long term authorizations to occupy BLM Public Lands to provide recreation facilities or services.
Primarily agency initiated.
Authority: 43 CFR 2929
May be processed through the lands and realty specialists. These leases provide products, programs and/or facilities that enhance visitor use. Examples are Lake Havasu with marinas, boats ramps, parks, etc
Must have
Determined need in a planning documents
Strong public support
How - Lease is awarded through the competitive bid process
Duration: 10-30 years. Depends upon the identified long term interest and if capital investment can be recovered.
Renewal: Modified competitive bid. Original incumbent can match high bid and has right of first refusal.
H. Summary
What are you going to go back to your job and do better/differently? Write down 3 commitments that you are going to follow up on when your return to the office.
1.
2.
3.
EVALUATION FORM
State: _________________________ Date: __________________________
1. The goal of this session was to prepare you to efficiently and effectively process recreation permits. Was this objective achieved? How?
What are the 3 most important things in today’s session that have moved you toward this?
a.
b.
c.
2. The concerns and questions I still have are:
3. The instructors did a good job of:
I would recommend that they:
4. What portion (if any) needs additional emphasis (please describe and why)?
5. What portion (if any) needs less emphasis (please describe and why)?
6. What comments do you have regarding course content and instructional exercises?
7. How does this session affect your commitment to future actions in your SRP program?
8. How frequently do you access BLM’s electronic Recreation Permits Reference Guide?
Never __ Once a Year __ Once a Month __ Once a Week __ Other _______________
How can BLM improve on this web site to help you? Use back if you need more space
Post-Test
1. List 3 statutory authorities used by BLM for issuing Special Recreation Permits.
2. List the 2 permits used to authorize recreation use on public lands.
3. List 3 types of Special Recreation Permits.
4. List 3 reasons to issue Special Recreation Permits.
5. Under FLREA what are 3 of the facilities or services the BLM needs to provide before a
recreation site can be considered a fee site?
6. The threshold for entering into a cost recovery project is:
$5,000
40 hours of staff time
50 hours of staff time
$2,500
7. Who can be prosecuted for involvement in an unpermitted commercial activity?
the activity organizer
the participants
both
T F 8. The BLM can charge a fee for the use of a boat ramp.
T F 9. While a SRP case is on appeal to the IBLA, the Field Office manager can negotiate a settlement with the permittee.
T F 10. All fees from Golden Eagle receipts are kept by the Washington Office for administrative costs of SRP program.
T F 11. Under current policy the field office manager may modify SRP fees.
T F 12. The minimum fee for an SRP is refundable.
T F 13. Spectators can be charged for a permitted event in a special area.
WO IM 2005-017, Automatic Fee Adjustment for Special Recreation Permits
WO IM 2005-092, Policy on Geocaching
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