M: RECREATION-WILDERNESS Permits - and Reference Guide 05 - Redesign Notebook Notebook 2 08 05
Recreation Permits on Public Lands
RECREATION PERMITS
ON
PUBLIC LANDS
April 3-4, 2008
Refresher Class
Casper, Wyoming
Recreation Permits on Public Lands
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 belowsite:
rp.nsf
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?
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Recreation Permits on Public Lands
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
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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 F10.All fees from Golden Eagle receipts are kept by the Washington Office for administrative costs of SRP program.
T F11.Under current policy the field office manager may modify SRP fees.
T F12.The minimum fee for an SRP is refundable.
T F 13.Spectators can be charged for a permitted event in a special area.
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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?
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Recreation Permits on Public Lands
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 RecreationPermits (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:
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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?
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What is our relationship with permittees?
What do we expect from permittees?
What public service do they provide?
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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
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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.Goodcommunication 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? ______
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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.
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?
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:
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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.
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2. Competitive activity
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 SRPis not required, you may document this with the applicant in a letter of agreement. See Appendix C-8-2 of handbookfor 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.
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 etseq.). 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
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-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?
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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)