Permits for Recreation on Public Lands, 7832-7837 [E7-2876]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management
• Land Management Bureau

[Federal Register Volume 72, Number 34 (Wednesday, February 21, 2007)]
[Rules and Regulations]
[Pages 7832-7837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2876]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2930

RIN 1004-AD68
[WO-250-1220-PA-24 1A]


Permits for Recreation on Public Lands

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: This final rule updates the regulations of the Bureau of Land 
Management (BLM) that explain how to obtain recreation permits for 
commercial recreational operations, competitive events and activities, 
organized group activities and events, and individual recreational use 
of special areas.
    The final rule is needed to remove from the regulations 
inconsistencies with the Federal Lands Recreation Enhancement Act 
(REA), which authorizes the Secretaries of the Interior and Agriculture 
to establish, modify, charge, and collect recreation fees at Federal 
recreation lands and waters for the next 10 years.

DATES: Effective date: March 23, 2007.

ADDRESSES: You may submit inquiries or suggestions to Director (250), 
Bureau of Land Management, Room 301-LS, Eastern States Office, 7450 
Boston Boulevard, Springfield, Virginia 22153.

FOR FURTHER INFORMATION CONTACT: Anthony Bobo at (202) 452-0333 as to 
the substance of the final rule, or Ted Hudson at (202) 452-5042 as to 
procedural matters. Persons who use a telecommunications device for the 
deaf (TDD) may contact either individual by calling the Federal 
Information Relay Service (FIRS) at (800) 877-8339, 24 hours a day, 7 
days a week.

SUPPLEMENTARY INFORMATION: 

I. Background
II. Discussion of Public Comments
III. Discussion of Final Rule
IV. Procedural Matters

I. Background

    The REA was passed as part of the 2005 Omnibus Appropriations bill, 
and signed into law on December 8, 2004. The Act provides authority for 
10 years for the Secretaries of the Interior and Agriculture to 
establish, modify, charge, and collect recreation fees for use of 
certain Federal recreation lands and waters.
    Section 13 of REA repealed certain admission and use fee 
authorities, including Section 4(a) through (i) of the

[[Page 7833]]

Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a et 
seq.), and Section 315 of the Department of the Interior and Related 
Agencies Appropriations Act, 1996 (as contained in section 101(c) of 
Public Law 104-134; 16 U.S.C. 460l-6a). The latter provision authorized 
the Recreational Fee Demonstration Program, which the BLM has used to 
fund many of its recreation sites. Because these authorities have been 
repealed, we need to amend the BLM's recreation permit regulations to 
remove references to them.
    Under REA, the BLM will--
     Reinvest a majority of fees back to the site of collection 
to enhance visitor services and reduce the backlog of maintenance needs 
for recreation facilities (including trail maintenance, toilet 
facilities, boat ramps, hunting blinds, interpretive signs and 
programs);
     Participate in an interagency fee program that reduces the 
number of national passes from four to one, allowing visitors access to 
all Federal recreation lands and sites;
     Provide more opportunities for public involvement in the 
BLM's determination of recreation fee sites and fees; and
     Provide for cooperation with gateway communities through 
fee management agreements for visitor and recreation services, 
emergency medical services, and law enforcement services.
    The BLM does not and will not charge a fee for many recreation 
activities and sites on public lands. The REA includes additional 
provisions that build on the BLM's past experiences in the recreation 
fee program and improve the fee program by clarifying the circumstances 
in which fees may be charged. Under the Act, the BLM will not charge 
standard or expanded amenity recreation fees for--
     General access to BLM areas;
     Horseback riding, walking through, driving through, or 
boating through public lands where no facilities or services are used;
     Access to overlooks or scenic pullouts;
     Undesignated parking areas where no facilities are 
provided; or
     Picnicking along roads or trails.
    In addition, individuals under 16 will not be charged an entrance 
or standard amenity fee.
    In compliance with REA, the BLM is utilizing its existing Resource 
Advisory Committees (RACs) and certain new Recreation Resource Advisory 
Committees (RRACs) to provide the public with additional opportunities 
to provide input on the establishment of a specific recreation fee site 
or other agency fee proposals. The BLM also will provide other 
opportunities for notice and public participation before establishing a 
new fee, and will keep the public informed on how it is using fee 
revenues to improve visitor facilities and services.
    The BLM published a proposed rule implementing REA on November 22, 
2005 (70 FR 70570), allowing public comments until January 23, 2006. On 
January 18, 2006, we published a correction in the Federal Register (71 
FR 2899), because we found one provision in the proposed rule 
misleading and subject to an interpretation inconsistent with REA. The 
REA, at Section 12(d), imposed a $100 fine for failure to pay a permit 
fee. As published, the proposed rule could be interpreted to provide 
that this fine also applied to a failure to obtain a permit, which was 
not the intent of the proposed rule or REA. (Under 18 U.S.C. 3571, the 
maximum fine for failure to obtain a permit is $100,000 for an 
individual and $200,000 for an organization. Section 303 of the Federal 
Land Policy and Management Act (FLPMA) also provides for a penalty of 
up to 12 months in prison for such a violation (43 U.S.C. 1733.)) The 
correction notice extended the comment period so that the public had a 
full 60 days to comment on the corrected proposed rule, ending March 
20, 2006.

II. Discussion of Public Comments

    The BLM received 6 comments on the proposed rule, 5 from 
individuals and one from a trade association.
    One comment addressed the provision for civil penalties in section 
2932.57(b)(3): ``You may also be subject to civil action for 
unauthorized use of the public lands or related waters and their 
resources * * * '' It stated that the reference should be to 
``navigable water'' only, stating that applying the penalty to use of 
any other water would be illegal.
    The BLM has jurisdiction over the entire shoreline of a lake or 
reservoir, and controls use and charges fees even if the bureau does 
not actually ``own'' the water; navigability is not an issue. There is 
also case law (United States v. Lindsey, 595 F.2d 5 (9th Cir. 1979)) 
that cites the property clause of the Constitution in affirming the 
government's right to require permits (and by extension, fees) for 
rivers in order to protect the public interest in protecting and 
managing the lands and resources on the river bank.
    One comment suggested that the BLM impose a minimum fine of $500.00 
for violations of law on public lands. The comment also asked that the 
offenses that it characterized as ``anonymous other actions'' be 
subject to higher fines and that they be specifically listed in the 
Federal Register.
    Sec. 12(d) of REA limits penalties for failure to pay fees. ``SEC. 
12. ENFORCEMENT AND PROTECTION OF RECEIPTS. * * * (d) Limitation on 
Penalties.-- The failure to pay a recreation fee established under this 
Act shall be punishable as a Class A or Class B misdemeanor, except 
that in the case of a first offense of nonpayment, the fine imposed may 
not exceed $100, notwithstanding section 3571(e) of title 18, United 
States Code.''
    One comment challenged economic data that it said the BLM used to 
justify the proposed rule. We will discuss this issue in Section IV of 
the preamble, on Procedural Matters.
    The same comment addressed the provision in the original proposed 
rule that set the fine for failure of organized groups or commercial 
activities to have a permit at $100 for the first offense. This was the 
issue that prompted the January 23, 2006, correction notice and 
extension of the public comment period. The comment pre-dated the 
correction notice, and there is no need to discuss the issue further in 
this final rule.
    One comment urged that permits for recreation on the public lands 
should be free of charge to United States citizens and have terms of at 
least 12 months. The comment stated that this benefit should be funded 
by charging fees for harvesting all available renewable natural 
resources and mining minerals on a rotating 10 percent of the public 
lands each 10 years, leaving the remaining 90 percent to recover for 10 
to 90 years. Meanwhile, according to the comment, recreational users 
would benefit from road construction for resource development that 
would improve access to remote areas. The comment also advocated 
reducing costs by eliminating half of the management personnel, and by 
not paying the moving costs of transferring personnel from location to 
location, which would tend to keep relevant experience and expertise on 
site.
    The comment includes suggestions that are beyond the scope of this 
rule, not authorized by law, or contrary to Office of Management and 
Budget (OMB) guidance on recovering costs from those who benefit from 
public lands and resources. (Cost recovery policies are explained in 
OMB Circular No. A-25 (Revised), entitled ``User Charges.'') The 
comment also does not recognize that many BLM lands are uniquely 
valuable for specific resources or uses, notwithstanding the multiple 
uses outlined in FLPMA and other authorities. The rigid use-rotation 
plan

[[Page 7834]]

suggested in the comment would not be appropriate for such lands, and 
the plan does not take into account varying reclamation and recovery 
times from different uses of different kinds of public lands. The 
comment is not adopted in the final rule.
    One comment asked what regulation changes were proposed or will be 
made with regard to pedestrian or bicycle access and to camping.
    The comment raises questions that are beyond the scope of the rule.
    One comment supported the idea of encouraging recreation on the 
public lands as a way of re-establishing human links to the natural 
world and showing that humans are part of that world.
    The rule is required by law and OMB guidance on recovering costs. 
Nothing in the rule is intended to discourage recreational use of the 
public lands. The fees imposed by the rule are the minimum necessary to 
meet cost recovery requirements, and other burdens imposed on the 
recreational public are the minimum necessary to allow balanced 
management of the public lands.

III. Discussion of Final Rule

    The final rule makes changes in the existing regulations on permits 
for recreation on public lands in order to bring them into conformance 
with the law, including REA. This section of the preamble describes the 
changes made in each section of the regulations.

Section 2931.3 What are the authorities for these regulations?

    The final rule amends this section to remove references to the 
repealed authority, portions of the Land and Water Conservation Fund 
Act, 16 U.S.C. 4601-6a, and add reference to REA. It explains that REA 
authorizes the BLM to collect fees for recreational use of certain 
kinds of areas, and to issue special recreation permits for group 
activities, such as commercial outings, and recreation events, such as 
races or traditional assemblies. The rule also clarifies the authority 
contained in Section 303 of the Federal Land Policy and Management Act 
(FLPMA), 43 U.S.C. 1733. It also restates the functions of 18 U.S.C. 
3571 and 3581 et seq., which establish penalties of fines and 
imprisonment for violation of regulations. Finally, in this section, 
the rule removes paragraph (b) discussing 36 CFR part 71, because the 
regulations there are outdated.

Section 2932.57 Prohibited acts and penalties.

    In this section, which covers prohibited acts and penalties related 
to special recreation permits, the final rule amends paragraph (b)(3) 
by removing reference to the Land and Water Conservation Fund Act and 
adding REA in its place.
    Section 12(d) of REA establishes limits on penalties for failure to 
pay recreation fees established under the Act. It provides for such 
failures to be punishable as Class A or Class B misdemeanors, but 
limits fines for a first offense to $100. (Under 18 U.S.C. 3571 and 
3581, a Class A misdemeanor is subject to a penalty of not more than 
$100,000 for an individual ($200,000 for an organization) or one year 
in jail. A Class B misdemeanor is subject to a fine of not more than 
$5,000 for an individual ($10,000 for an organization) or six months in 
jail.) We have also revised paragraph (b) of section 2932.57 to reflect 
this provision of REA.

Section 2933.33 Prohibited acts and penalties.

    The final rule amends this section, which states prohibitions and 
imposes penalties related to recreation use permits, by removing 
references to the Land and Water Conservation Fund Act, and 
substituting REA, where appropriate. To conform the prohibited acts in 
paragraph (a) of the section to the table of penalties in paragraph 
(d), we have added a provision to paragraph (a) requiring compliance 
with recreation use permit stipulations and conditions. The final rule 
also removes unnecessary internal cross-references in this section, and 
corrects inaccurate legal citations.

IV. Procedural Matters

Regulatory Planning and Review (E.O. 12866)

    This document is not a significant rule and was not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. The rule 
implements a new statute that affects all land managing agencies. The 
other agencies are cooperating with the BLM in developing general 
guidelines for implementing the statute.
    (3) This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. It maintains current policies on user fees.
    (4) This rule does not raise novel legal or policy issues. It cites 
new statutory authority that does not have substantially different 
effects on the program or the public.
    During fiscal year 2004, the BLM issued just over 109,000 Special 
Recreation Permits of all kinds, with revenues totaling a little over 
$8 million deposited into the Land and Water Conservation Fund (LWCF), 
the Fee Demonstration Project, and other miscellaneous accounts. These 
numbers are derived from the Public Land Statistics, and represent an 
increase of slightly more than fivefold since 1996. On the other hand, 
according to the American Recreation Coalition, Americans spent more 
than $108 billion on wildlife-related recreation (fishing, hunting, 
birdwatching, and so forth) alone. We cite these numbers to illustrate 
that the fees charged under the BLM's recreation program are relatively 
small when compared with the revenues realized by a typical segment of 
the overall national recreation industry. Special Recreation Permits 
are generally obtained by commercial outfitters and guides, river 
running companies, sponsors of competitive events, ``snow bird'' 
seasonal mobile home campers who use the BLM's long-term visitor areas, 
and private individuals and groups using certain special areas. Under 
current regulations, use fees are established by the BLM Director, who 
may adjust them from time to time to reflect changes in costs and the 
market, and published periodically in the Federal Register. The BLM may 
charge actual costs, subject to certain limitations. During fiscal year 
2004, the BLM issued just over 655,000 Recreation Use Permits for use 
of fee sites, with revenues totaling a little over $5,200,000. We state 
these figures to give some idea of the scope of the BLM recreation 
program in economic terms, and to show that the revenues from the 
program do not approach $100 million annually. The REA makes changes in 
the authorities for the BLM's recreation fees, but Section 3 of the Act 
does not change the policy for setting those fees: ``The amount of the 
recreation fee shall be commensurate with the benefits and services 
provided to the visitor,'' and ``[t]he Secretary shall consider 
comparable fees charged elsewhere and by other public agencies and by 
nearby private sector operators.'' As for the penalty aspect of the 
rule, in recent years fines assessed for violation of recreation permit 
provisions have not approached the threshold. Since 2000, we have 
issued on average 300 citations annually for violations of special

[[Page 7835]]

recreation permit and recreation use permit provisions, combined, 
imposing average fines of $100.00 for each, for an approximate average 
annual total of $30,000. Thus, it is clear that the changes in the 
final rule will not have economic effects exceeding $100 million 
annually.
    One comment challenged the BLM's reference to the American 
Recreation Coalition's statement that Americans spent $108 billion on 
wildlife-related recreation alone, stating that the figure was 
unsubstantiated and does not even apply to recreation activities on the 
public lands, and that much of that recreation occurred on non-BLM 
lands. (The source for the American Recreation Coalition's statement is 
the 2001 National Survey of Fishing, Hunting, and Wildlife-Associated 
Recreation, the tenth in a series of surveys conducted by the U.S. Fish 
and Wildlife Service and the U.S. Census Bureau. It states that 
Americans spent $108 billion on wildlife-related recreation in 2000.)
    The Executive Order requires us to determine not only that the rule 
``will not have an effect of $100 million or more on the economy,'' 
which this rule clearly does not, as demonstrated above, but that it 
``will not adversely affect in a material way the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or state, local, or tribal governments or communities.'' The 
BLM presented the American Recreation Coalition datum, relating to one 
segment of the national recreation economy, merely to compare the small 
economic effect of the penalties imposed by the rule, and the 
negligible effect of the administrative changes made to conform to the 
REA, to the total amount of money that is spent nationwide on a typical 
segment of the outdoor recreation economy, to show that the rule should 
not affect the national economy in a material way, not to justify the 
rule or to offer the figures as bona fide.
    The penalties imposed on persons who violate regulations on special 
recreation permits and recreation use permits are not substantively 
changed except to reduce the penalty for not paying a fee. While public 
lands recreation is an important element of many local economies in the 
Western States, and substantial revenues are generated by the public 
lands recreation industry, it is clear that the effects of the changes 
in this rule will not ``adversely affect in a material way the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or state, local, or tribal governments or communities.'' The 
data cited in the proposed rule were actually not necessary to 
illustrate this point.

Regulatory Flexibility Act

    The Department of the Interior certifies that this final rule will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The BLM recognizes that most commercial recreation enterprises--
outfitters, guides, river-running companies, local retail outlets--are 
small businesses, and that over 5,000 of them annually hold BLM 
commercial or competitive permits. Nevertheless, this final rule does 
not change permit fees, but rather updates the regulations to reflect 
changes in authorities for the fees and changes their allocation. 
Penalties for non-payment of fees do not affect outfitters, event 
organizers, and other commercial permittees, who must pay the fees 
before receiving permits.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
     Does not have an annual effect on the economy of $100 
million or more. See the discussion under Regulatory Planning and 
Review, above.
     Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, state, or local government 
agencies, or geographic regions. The rule will have no effect on the 3 
percent basic use fee that the BLM's fee schedule (set by the 1984 
policy, not regulations) requires outfitters to pay.
     Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. The 
changes in the regulations required by enactment of REA will not lead 
to increases in user fees or any other cost factors that may impel 
recreationists to travel to comparable foreign recreation destinations.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on state, local, or 
Tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on state, 
local, or Tribal governments or the private sector. The rule has no 
effect on governmental or Tribal entities. A statement containing the 
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 
et seq.) is not required.

Takings (E.O. 12630)

    In accordance with Executive Order 12630, the BLM finds that the 
rule does not have significant takings implications. The final rule 
does not provide for forfeiture or derogation of private property 
rights. It merely updates the regulations to reflect changes in 
statutory authorities for the BLM recreation program covered by the 
regulations. A takings implications assessment is not required.

Federalism (E.O. 13132)

    In accordance with Executive Order 13132, the BLM finds that the 
rule does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. The rule does not 
have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government. 
The rule does not preempt state law.

Civil Justice Reform (E.O. 12988)

    In accordance with Executive Order 12988, we have determined that 
this rule does not unduly burden the judicial system and meets the 
requirements of sections 3(a) and 3(b)(2) of the Order. The rule merely 
updates the regulations to reflect changes in statutory authorities.

E.O. 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
this final rule does not include policies that have Tribal 
implications. The rule has no effect on Tribal lands, and affect member 
of Tribes only to the extent that they use public lands and facilities 
for recreation. The rule merely updates the regulations to reflect 
changes in statutory authorities.

E.O. 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use

    This rule is not a significant energy action. It will not have an 
adverse effect on energy supplies. The rule does not limit land use by 
energy companies. It applies only to permits for recreational use of 
public lands, how the BLM collects revenues and applies them to the 
program.

[[Page 7836]]

E.O. 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that this final rule is administrative in nature and only reflects 
changes in statutory authorities. This rule does not impede 
facilitating cooperative conservation. It does not affect the interests 
of persons with ownership or other legally recognized interests in land 
or other natural resources, local participation in the Federal 
decision-making process, or relate to the protection of public health 
and safety.

Paperwork Reduction Act

    These regulations do not contain information collection 
requirements that the Office of Management and Budget must approve 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.

National Environmental Policy Act

    The BLM has determined that this final rule updating the recreation 
permit regulations to recognize and reflect changes in statutory 
authorities governing the payment and allocation of permit fees and the 
penalties for nonpayment is a regulation of an administrative, 
financial, legal, and procedural nature. Therefore, it is categorically 
excluded from environmental review under section 102(2)(C) of the 
National Environmental Policy Act, pursuant to 516 Departmental Manual 
(DM), Chapter 2, Appendix 1. In addition, the final rule does not meet 
any of the 10 criteria for exceptions to categorical exclusions listed 
in 516 DM, Chapter 2, Appendix 2. Pursuant to Council on Environmental 
Quality regulations (40 CFR 1508.4) and the environmental policies and 
procedures of the Department of the Interior, the term ``categorical 
exclusions'' means a category of actions which do not individually or 
cumulatively have a significant effect on the human environment and 
that have been found to have no such effect in procedures adopted by a 
Federal agency and for which neither an environmental assessment nor an 
environmental impact statement is required. Therefore, a detailed 
statement under the National Environmental Policy Act of 1969 is not 
required.

Author

    The principal authors of this final rule are Lee Larson (retired), 
and Anthony Bobo of the Recreation and Visitor Services Division, 
Washington Office, BLM, assisted by Ted Hudson of the Regulatory 
Affairs Group, Washington Office, BLM.

List of Subjects in 43 CFR Part 2930

    Penalties, Public lands, Recreation and recreation areas, Reporting 
and recordkeeping requirements, Surety bonds.

    Dated: January 31, 2007.
C. Stephen Allred,
Assistant Secretary of the Interior, Land and Minerals Management.

0
For the reasons explained in the preamble, and under the authority of 
43 U.S.C. 1740, we amend chapter II, subtitle B of title 43 of the Code 
of Federal Regulations as follows:

PART 2930--PERMITS FOR RECREATION ON PUBLIC LANDS

0
1. The authority citation for part 2930 is revised to read as follows:

    Authority: 43 U.S.C. 1740; 16 U.S.C. 6802.

Subpart 2931--Permits for Recreation; General

0
2. Revise section 2931.3 to read as follows:


Sec.  2931.3  What are the authorities for these regulations?

    The statutory authorities underlying the regulations in this part 
are the Federal Land Policy and Management Act, 43 U.S.C. 1701 et seq., 
and the Federal Land Recreation Enhancement Act, 16 U.S.C. 6801 et seq.
    (a) The Federal Land Policy and Management Act (FLPMA) contains the 
Bureau of Land Management's (BLM's) general land use management 
authority over the public lands, and establishes outdoor recreation as 
one of the principal uses of those lands (43 U.S.C. 1701(a)(8)). 
Section 302(b) of FLPMA directs the Secretary of the Interior to 
regulate through permits or other instruments the use of the public 
lands, which includes commercial recreation use. Section 303 of FLPMA 
authorizes the BLM to promulgate and enforce regulations, and 
establishes the penalties for violations of the regulations.
    (b) The Federal Land Recreation Enhancement Act (REA) authorizes 
the BLM to collect fees for recreational use in areas meeting certain 
criteria (16 U.S.C. 6802(f) and (g)(2)), and to issue special 
recreation permits for group activities and recreation events (16 
U.S.C. 6802(h).
    (c) 18 U.S.C. 3571 and 3581 et seq. establish sentences of fines 
and imprisonment for violation of regulations.

Subpart 2932--Special Recreation Permits for Commercial Use, 
Competitive Events, Organized Groups, and Recreation Use in Special 
Areas [Amended]

0
3. Amend section 2932.57 by revising paragraph (b) to read as follows:


Sec.  2932.57  Prohibited acts and penalties.

* * * * *
    (b) Penalties. (1) If you are convicted of any act prohibited by 
paragraphs (a)(2) through (a)(7) of this section, or of failing to 
obtain a Special Recreation Permit under paragraph (a)(1) of this 
section, you may be subject to a sentence of a fine or imprisonment or 
both for a Class A misdemeanor in accordance with 18 U.S.C. 3571 and 
3581 et seq. under the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1733(a)).
    (2) If you are convicted of failing to pay a fee required by 
paragraph (a)(1) of this section, you may be subject to a sentence of a 
fine not to exceed $100 for the first offense, or a sentence of a fine 
and or imprisonment for a Class A or B misdemeanor in accordance with 
18 U.S.C. 3571 and 3581 et seq. for all subsequent offenses.
    (3) You may also be subject to civil action for unauthorized use of 
the public lands or related waters and their resources, for violations 
of permit terms, conditions, or stipulations, or for uses beyond those 
allowed by permit.

Subpart 2933--Recreation Use Permits for Fee Areas

0
4. Amend Sec.  2933.33 by revising paragraphs (a), (b), and (d) to read 
as follows:


Sec.  2933.33  Prohibited acts and penalties.

    (a) Prohibited acts. You must not--
    (1) Fail to obtain a use permit or pay any fees required by this 
subpart;
    (2) Violate the stipulations or conditions of a permit issued under 
this subpart;
    (3) Fail to pay any fees within the time specified;
    (4) Fail to display any required proof of payment of fees;
    (5) Willfully and knowingly possess, use, publish as true, or sell 
to another, any forged, counterfeited, or altered document or 
instrument used as proof of or exemption from fee payment;
    (6) Willfully and knowingly use any document or instrument used as 
proof of or exemption from fee payment, that the BLM issued to or 
intended another to use; or
    (7) Falsely represent yourself to be a person to whom the BLM has 
issued a

[[Page 7837]]

document or instrument used as proof of or exemption from fee payment.
    (b) Evidence of nonpayment. The BLM will consider failure to 
display proof of payment on your unattended vehicle parked within a fee 
area, where payment is required to be prima facie evidence of 
nonpayment.
* * * * *
    (d) Types of penalties. You may be subject to the following fines 
or penalties for violating the provisions of this subpart:

------------------------------------------------------------------------
 If you are convicted of . .     then you may be
              .                 subject to . . .         under . . .
------------------------------------------------------------------------
(1) Failing to obtain a       A sentence of a fine  The Federal Land
 permit under paragraph        and/or imprisonment   Policy and
 (a)(1) of this section, or    for a Class A         Management Act of
 any act prohibited by         misdemeanor in        1976 (43 U.S.C.
 paragraph (a)(4), (5), or     accordance with 18    1733(a)).
 (6) of this section.          U.S.C. 3571 and
                               3581 et seq.
(2) Violating any regulation  A sentence of a fine  The Federal Land
 in this subpart or any        and/or imprisonment   Policy and
 condition of a Recreation     for a Class A         Management Act of
 Use Permit.                   misdemeanor in        1976 (43 U.S.C.
                               accordance with 18    1733(a)).
                               U.S.C. 3571 and
                               3581 et seq.
(3) Failing to pay a          A fine not to exceed  The Federal Lands
 Recreation Use Permit fee     $100 for the first    Recreation
 required by paragraph         offense, or a         Enhancement Act (16
 (a)(1) of this section, or    sentence of a fine    U.S.C. 6811).
 any act prohibited by         and/or imprisonment
 paragraph (a)(3) of this      for a Class A or B
 section.                      misdemeanor in
                               accordance with 18
                               U.S.C. 3571 and
                               3581 et seq. for
                               all subsequent
                               offenses.
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[FR Doc. E7-2876 Filed 2-20-07; 8:45 am]
BILLING CODE 4310-84-P