[Federal Register Volume 60, Number 27 (Thursday, February 9, 1995)]
[Proposed Rules]
[Pages 7878-7884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3305]
[[Page 7877]]
_______________________________________________________________________
Part IV
Department of the Interior
_______________________________________________________________________
Bureau of Land Management
_______________________________________________________________________
43 CFR Part 2920
Procedures for Action on Use, Occupancy and Development; Unauthorized
Use; and Cost Reimbursement for Processing and Monitoring Permits and
Leases for Use of Public Lands; Proposed Rule
Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 /
Proposed Rules
[[Page 7878]]
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 2920
[WO-350-1430-00-24 1A]
RIN: 1004-AB51
Permits, Leases and Trespass; Procedures for Action on Use,
Occupancy and Development; Unauthorized Use; and Cost Reimbursement for
Processing and Monitoring Permits and Leases for Use of Public Lands
AGENCY: Bureau of Land Management, Interior.
ACTION: Further proposed rule.
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SUMMARY: This further proposed rule on permits and leases for use of
public lands administered by the Bureau of Land Management (BLM) amends
the proposed rule published in the Federal Register on November 21,
1990 (55 FR 48810). The 1990 rule proposed to amend the regulations on
leases, permits, easements, and trespass in 43 CFR parts 2920 and 9230,
currently in effect. This further proposed rule would create two
categories of permits for proposed uses of public lands: ``minimum
impact permits'' and ``full permits.'' ``Minimum impact permits'' would
be issued for activities that are likely to have a minimal impact on
the public lands and their resources. BLM decisions to issue minimum
impact permits would become effective immediately upon signature by the
BLM authorized officer and would not be subject to the general appeals
process provided in 43 CFR 4.21(a). ``Full permit'' decisions, by
contrast, would not become effective until after a minimum period of 30
days during which a person may file an appeal under 43 CFR part 4.
In this further proposed rule, BLM invites public comment on the
new minimum impact permit provisions, as well as on several other
provisions that did not appear in the original proposed rule or have
been substantially revised since that rule was published in 1990. These
provisions concern rental and fee schedules for commercial filming and
photography, hazardous materials, outdoor advertising, criminal
penalties, and conformity of applications to land use planning.
Finally, BLM requests suggestions and comments from the public on 5
specific issues relating to permits and rental schedules.
DATES: Comments on this further proposed rule must be submitted by
April 10, 1995. No comments postmarked after this date will be
considered in preparation of the final rule, nor will any additional
comments be accepted on the original proposed rule published in 1990.
The Department will consider all timely comments submitted on the
further proposed rule, as well as the comments received in 1990-91 on
the original proposed rule, in preparing the final rule.
ADDRESSES: Comments should be sent to: Director (140), Bureau of Land
Management, Room 5555, Main Interior Bldg., 1849 C Street NW.,
Washington, DC 20240. Comments on the further proposed rule will be
available for public review in Room 5555 of the above address during
regular business hours (7:45 a.m. to 4:15 p.m.), Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Jim Paugh, (307) 775-6306, or Ray
Brady, (202) 452-7780.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. The Existing Regulations
The existing regulations in 43 CFR part 2920 establish the
procedures for obtaining land use authorizations from the BLM in the
form of permits, leases, and easements to use, occupy, and develop the
public lands for activities not specifically covered by other
authorizing regulations, such as grazing (43 CFR part 4100), recreation
(43 CFR part 8300), and others. All land use authorizations in the
existing regulations in part 2920 are now subject to the appeals
process described in 43 CFR part 4, which includes a 30-day period in
which a person adversely affected by BLM's decision may file a notice
of appeal to the Interior Board of Land Appeals (IBLA). The land use
authorization becomes effective at the end of the 30-day appeal period
unless the appellant files a petition for a stay pending appeal. The
IBLA has 45 days from the expiration of the 30-day appeal period to
grant or deny the stay.
Under the existing regulations, the BLM may issue a type of permit
called a ``minimum impact permit'' for activities that do not cause
appreciable damage or disturbance to the public lands, their resources
or improvements (43 CFR 2920.2-2). The BLM is not required to publish a
Notice of Realty Action for minimum impact permits. Minimum impact
permits are subject, however, to the 30-day appeal period before they
can become effective. Examples of uses considered for minimum impact
permits under the present regulations include apiary (bee hive) sites;
temporary storage of hay, ranching and farming equipment, and
dismantled drilling rigs; limited commercial filming and photography
activities; special events and gatherings; and soil core sampling. The
only written criteria to assist the BLM authorized officer in
determining whether a particular use constitutes minimum impact are
outlined in a BLM instruction memorandum, and currently apply only to
commercial filming and photography.
B. The 1990 Proposed Rule
The original proposed rule published in the Federal Register on
November 21, 1990, would substantially revise the existing regulations.
It would eliminate the current ``easement'' category of land use
authorizations, improve procedures for protecting public lands and
resources from unauthorized use, and revise the procedures for
administering, assigning, and terminating permits and leases. The
original proposed rule would also dramatically change the existing
appeals process for permits by making all permit decisions effective
immediately upon signature by the authorized officer. The 30-day
waiting period under 43 CFR 4.21 would not apply. The sole
administrative review of a permit decision is provided in Sec. 2924.1-1
in the original proposed rule. It allows parties adversely affected by
an authorized officer's permit decision to request an administrative
review by the authorized officer's immediate supervisor. No further
administrative review is allowed in that rule. The 1990 proposed rule
would not include a minimum impact permit category.
C. The Further Proposed Rule
This further proposed rule attempts to strike a balance between the
permit appeals process under the existing regulations and that proposed
in the 1990 rule. Under the current regulations, permit decisions do
not become effective until after a minimum 30-day period in which an
adversely affected person may file an appeal under 43 CFR 4.21(a) and
43 CFR 4.411(a). By contrast, the 1990 proposed rule would make all BLM
permit decisions effective immediately.
This further proposed rule would create 2 categories of permits:
``minimum impact permits'' and ``full permits.'' Only minimum impact
permit decisions would become effective immediately. The criteria for
determining when BLM should issue a minimum impact permit or a full
permit are outlined in the rule.
The structure of the original 1990 proposed rule has been somewhat
reorganized, and that reorganization is [[Page 7879]] reflected in this
further proposed rule. For example, Sec. 2921.8 on appeals, in this
rule, appeared with different wording as subpart 2924 in the 1990
proposed rule. Subpart 2923 of the original proposed rule, regarding
the administration of permits and leases, has been redesignated as
subpart 2924. Section 2924.1-2 would be added to that subpart in this
further proposed rule to introduce the proposed rental fee schedule for
commercial filming and photography. Because that section number
(2924.1-2) was contained in the original proposed rule, the amendatory
language in this further proposed rule states that the section is
``revised,'' but there is no connection between the original
Sec. 2924.1-2 on appeals and the new proposed Sec. 2924.1-2 on fees,
other than the section number itself. The reorganization of the
original proposed rule does not affect any other section numbers in
this further proposed rule. Other section number changes are only to
accommodate the insertion of new sections.
Other subjects addressed in this further proposed rule are
discussed in detail in the section-by-section analysis below. No
provisions of 43 CFR part 9230 concerning trespass, which BLM proposed
to amend in the original proposed rule, would be affected by this
further proposed rule.
D. Commercial Filming on Public Lands
On September 13, 1993, the BLM met with representatives from the
U.S. Forest Service, National Park Service, filming and photography
industry, and environmental organizations to discuss filming on public
lands. The film industry representatives urged BLM to adopt an
expedited permit authorization process. Environmental group
representatives favored written standards to ensure that an accelerated
permit process would be carried out in a manner that would protect the
public lands and their resources.
This further proposed rule establishes criteria for minimum impact
permits intended to meet concerns of the film industry as well as
environmental groups. These criteria would apply to all uses of public
lands for which permits may be granted under part 2920, not just
filming. The minutes of the September 1993 meeting are available for
public review at each BLM State Office or may be obtained by contacting
the Director (260), Bureau of Land Management, 1849 C Street, NW., Mail
Stop 1000 LS, Washington, DC 20240.
II. Section-by-Section Analysis
Section 2920.0-5 Definitions
This further proposed rule would introduce some important
definitions, including ``full permit'' and ``minimum impact permit.''
These two terms are essential to an understanding of this further
proposed rule, and are explained fully in the discussion of
Sec. 2921.7, below. Also added are definitions of ``location'' and
``staging area'' as they pertain to the film industry, a definition of
``wetlands'' (the presence of wetlands is a threshold criterion for
requiring a full permit), and a definition of ``hazardous material.''
Finally, the further proposed rule would revise the definition of
``casual use'' that appeared in the 1990 proposed rule. The new
definition would emphasize the noncommercial and occasional nature of
the activities that constitute casual use.
Section 2921.3 Prohibited Acts
This section of the 1990 proposed rule has been amended by adding a
new paragraph (e) containing a list of prohibited acts in addition to
the acts listed in other paragraphs of the section that constitute
trespass. These new prohibited acts include failure to comply with
terms and conditions imposed under the regulations, failure to comply
with permit or lease stipulations required by the authorized officer,
transfer of a lease to another party without approval by the authorized
officer, use of a permit or lease after the expiration date or for
purposes other than those specified in the permit, failure to comply
with any BLM notice or temporary suspension order, failure to make any
required payments, failure to comply with reclamation requirements, and
subleasing. Also added are prohibited acts related to hazardous
materials and the disposal of solid wastes. To accommodate this
addition, the proposed paragraph (e) would be redesignated as (f), the
original paragraph (f) becomes Sec. 2921.4--Penalties, which would be
revised as discussed below, and the original Sec. 2921.4 becomes
Sec. 2921.5.
Section 2921.4 Penalties
This section would amend the original proposed rule to reflect
amendments of the Sentencing Reform Act of 1984 that provide increased
criminal penalties for violations of Federal law, including violations
under section 303(a) of the Federal Land Policy and Management Act of
1976 (FLPMA), 43 U.S.C. 1733(a). The Criminal Fine Improvements Act of
1987 (Pub.L. 100-185, section 6, 101 Stat. 1279, 1280 (1987)) amends
Title 18 of the United States Code (18 U.S.C. 3571) by increasing
maximum fines for Class A misdemeanors under 18 U.S.C. 3559 (such as
violations under section 303(a) of FLPMA) to $100,000 for individuals
and $200,000 for organizations. Thus, this further proposed rule would
make it clear that criminal penalties for violation of the regulations
in part 2920 are not limited to the amounts specified in FLPMA.
Section 2921.6 Activities Requiring a Permit
This section would require all commercial users of the public
lands, and noncommercial users whose activities exceed casual use, to
apply for a permit. Casual use activities would not require a permit.
Paragraph (b) of Sec. 2921.6 would specifically address permit
requirements for professional still photographers and videotapers. Most
professional and amateur photographers would be allowed to make still
photographs and videos on public lands without permits or the payment
of fees. Tourists and recreational photographers also are not required
to obtain permits for taking pictures or making videos on public lands.
Professional photographers taking pictures of public land users (such
as those engaged in recreational activities) for the express purpose of
selling the pictures to the land users would be required to obtain
permits. Permits would also be required for photography performed under
a sales contract (for example, a contract for photographs for
postcards, calendars, or books), or photography using the public lands
as a location or background for advertising commercial products.
Finally, permits would be required for photography, if it is reasonably
likely that public lands or resources, such as archaeological or
historic artifacts or features, could be adversely affected. Permits
are necessary in such cases as vehicles for enforceable conditions that
would protect these resources.
Section 2921.7 Minimum Impact Permits and Full Permits
A new Sec. 2921.7 would establish criteria to assist BLM in
determining whether issuance of a minimum impact permit or a full
permit would be appropriate for a proposed use of public lands. Minimum
impact permits could be issued if the activity fit the definition in
Sec. 2920.0-5 and did not involve any of the conditions listed in
Sec. 2921.7(b) or (c). The BLM proposes to adopt these criteria for all
types of land uses that are [[Page 7880]] considered for minimum impact
permits under the existing regulations.
A prospective applicant would have the opportunity to discuss these
criteria with the authorized officer during the pre-application phase
of the permitting process described in Sec. 2922.1 of the 1990 proposed
rule. During this discussion, the authorized officer would also inform
prospective applicants of other possible resource management conflicts,
legal approvals required, and other interested or affected public land
users or interest groups. This would assist prospective applicants at
the outset to assess the likelihood of obtaining a minimum impact
permit, and would enable them to locate other available land quickly
for the proposed activity, rather than seek a full permit with its
attendant delays.
Section 2921.8 Appeals
Section 2921.8 in this further proposed rule supersedes subpart
2924, concerning appeals, in the 1990 proposed rule. The further
proposed rule provides that all minimum impact permit decisions of an
authorized officer would be effective immediately unless a person
adversely affected appeals and demonstrates to the Interior Board of
Land Appeals (IBLA) that the action should be stayed pending appeal.
The general provisions of 43 CFR 4.21(a) would not apply to a decision
or approval of the authorized officer for any minimum impact permit,
except that parties eligible to maintain an appeal under 43 CFR 4.21(a)
would also be able to file a request for a stay of decision with the
IBLA. The IBLA could grant a stay if the petitioner demonstrated
sufficient justification.
Section 2921.9 Outdoor Advertising
This new provision is a cross-reference to regulations of the
Department of Transportation on outdoor advertising.
Section 2922.2-1 Applications Not Conforming to Land Use Plans
Section 2922.2-1 has been added to make clear that applications are
required to conform to BLM land use plans, and that any applications
that do not conform to BLM plans must be modified or they will be
rejected. Applications so rejected due to nonconformance with BLM land
use plans are subject to appeal pursuant to 43 CFR part 4.
Section 2922.2-3 Application Content
This provision was suggested in public comments on the original
proposed rule. Provisions restricting the use, storage, or production
of hazardous materials on lands subject to permits or leases would be
added as Sec. 2922.2-4(m). Related amendments are proposed in
Secs. 2921.3 and 2922.2-3 to prohibit treatment and disposal of
hazardous materials and certain solid wastes on public lands, and
requiring applications for permit or lease to disclose whether
hazardous materials would be involved in the activity.
Section 2924.1-2 Rental and Fee Schedules for Film and Photography
Permits
Rental and fee schedules for commercial filming and photography
would be added in a new Sec. 2924.1-2. The schedules are intended to be
reasonable and easy to implement, and have been developed in
consultation with other land managing agencies of the Department of the
Interior and with the Forest Service. The schedules do not include
recovery of the costs of processing an application. Cost recovery
provisions for permits and leases were included in the original
proposed rule. The rental payments are intended to reflect fair market
value of the use of public lands and their resources for a specified
period. In developing the rental schedule, the BLM considered comments
from industry and other Federal agencies, and interviews with private
property owners who rent land to film production companies. Private
property owners take into account the nature of the activities to be
conducted on their land, the number of people, and the duration of the
use.
III. Request for Comments
To assist the public in the development of comment on this further
proposed rule, copies of the original November 21, 1990, proposed rule
(55 FR 48810) may be obtained by request to the office identified in
ADDRESSES, above. However, the substance of this further proposed rule
may be understood without reference to the 1990 proposed rule.
In addition to inviting comments on this further proposed rule, the
BLM specifically requests responses to the following questions related
to leases and permits:
1. Under the existing regulations, all permits and leases are
subject to a 30-day appeal period before they become effective. The
1990 proposed rule would make all leases and permits effective
immediately upon issuance by the BLM authorized officer. Under the
current proposal, only minimum impact permits would be effective
immediately; leases and other permits would remain subject to the 30-
day waiting period prescribed in 43 CFR part 4. Which approach do you
think is appropriate?
2. Should the BLM issue minimum impact permits for all types of
activities authorized under 43 CFR part 2920 or only for filming or
photography?
3. Are the standards set forth in Sec. 2921.7 appropriate and
sufficient for determining whether a proposed activity should require a
full permit or a minimum impact permit?
4. Is the U.S. Department of Labor Consumer Price Index for All
Urban Consumers (CPI-U), U.S. City Average an appropriate index for
adjusting rental schedules in future years?
5. Should free-lance professional still photography be considered a
casual use activity that is exempt from the permit requirements, except
in those situations listed in Sec. 2921.6(b) of the further proposed
rule, or should free-lance professional still photographers be required
to obtain a permit in all cases and pay appropriate fees?
The principal authors of this further proposed rule are Jim Paugh,
Wyoming State Office, David Cavanaugh, Chief Appraiser, and Ray Brady,
Chief, Division of Lands, assisted by the staff of the Division of
Legislation and Regulatory Management, Bureau of Land Management, and
the Office of the Solicitor, Department of the Interior.
We have determined that this further proposed rule does not
constitute a major Federal action significantly affecting the quality
of the human environment. The BLM has prepared an environmental
assessment of the impacts of the rule and has determined that no
detailed statement pursuant to section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is required.
The rule would merely simplify and streamline procedures for permit
issuance. Each application for a permit or lease is, and under this
rule would remain, subject to environmental analysis and, if determined
necessary, an environmental impact statement.
This rule was not subject to review by the Office of Management and
Budget under Executive Order 12866.
The Department has determined under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) that the rule will not have a significant
economic impact on a substantial number of small entities. The rule
favors no demographic group. The fee schedule imposed by the rule is
graduated according to the size of the permittee, so that larger
entities with more personnel and equipment using the public lands would
pay larger fees. The costs would be minimized for those small entities
that would cause less damage to the public lands being used
[[Page 7881]] and less interference with other uses and users.
Because the rule will result in no taking of private property and
no impairment of property rights, the Department certifies that this
rule does not represent a governmental action capable of interference
with constitutionally protected property rights, as required by
Executive Order 12630.
The Department has certified to the Office of Management and Budget
that these regulations meet the applicable standards provided in
sections 2(a) and 2(b)(2) of Executive Order 12778.
The information collection requirement(s) contained in part 2920
have been approved by the Office of Management and Budget under 44
U.S.C. 3501 et seq. and assigned clearance number 1004-0009.
List of Subjects for 43 CFR Part 2920
Public lands, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, and under the authority of
43 U.S.C. 1740, the proposed rule published at 55 FR 48810, November
21, 1990, which would amend part 2920, group 2900, subchapter B,
chapter II, Subtitle B, Title 43 of the Code of Federal Regulations, is
proposed to be amended as follows:
PART 2920--PERMITS AND LEASES, PRINCIPLES AND PROCEDURES
1. The authority citation for part 2920 is revised to read as
follows:
Authority: 43 U.S.C. 1740.
2. Section 2920.0-5 in the proposed rule is further amended by
adding in alphabetical order definitions to read as follows:
Sec. 2920.0-5 Definitions.
* * * * *
Full permit means an authorization for an activity that would
result in more than minimal impacts on public lands, or their resources
or improvements, as measured by the criteria set forth in Sec. 2921.7,
or for which reclamation or restoration requires more than minimal
effort.
Hazardous material means any substance that is listed as hazardous,
toxic, or dangerous, or defined as nuclear or byproduct material, under
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as amended, 42 U.S.C. 9601 et seq., the Resource
Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901 et
seq., the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et
seq., or the regulations issued under those laws. The term does not
include petroleum, including crude oil or any fraction thereof, unless
the substance is specifically listed or designated as a hazardous
substance under 42 U.S.C. 9601(14), nor does it include natural gas,
natural gas liquids, liquefied natural gas, or synthetic gas usable for
fuel (or mixtures of natural gas and such synthetic gas).
Location means each place on public lands used for film production
purposes.
Minimum impact permit means an authorization for an activity that
would likely result in little or no damage to public lands, or their
resources or improvements, as measured by the criteria set forth in
Sec. 2921.7, and which damaged resources can be easily reclaimed or
restored.
Staging area means each place on public lands used for parking,
catering, and off-set construction associated with film production.
Wetlands means areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support and
which, under normal circumstances, do support a prevalence of
vegetation typically adapted for life in saturated soil conditions.
* * * * *
3. Section 2920.0-5 in the proposed rule is further amended by
revising the definition of ``casual use'' to read as follows:
Sec. 2920.0-5 Definitions.
* * * * *
Casual use means noncommercial activities occurring on an
occasional or irregular basis that ordinarily result in negligible
disturbance of public lands, or their resources or improvements, and
require no reclamation or restoration.
4. Section 2921.2 in the proposed rule is further amended by adding
paragraph (c) to read as follows:
Sec. 2921.2 Terms and conditions.
* * * * *
(c)(1) The lessee or permittee must furnish to the authorized
officer a copy of any report required or requested by any Federal,
State, or local government agency regarding any release of hazardous
substances under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 et
seq. (CERCLA) in excess of the reportable quantity established by 40
CFR part 117.
(2) The lessee or permittee must report any release of a hazardous
substance as defined in CERCLA in excess of the reportable quantity
established by 40 CFR part 117, or any oil spill, as required under
CERCLA and the National Oil and Hazardous Substances Pollution
Contingency Plan (40 CFR part 300), and must send copies of such
reports to the authorized officer within 5 days.
(3) The lessee or permittee must notify the authorized officer
within 5 days if there is a significant variation from the authorized
use with respect to hazardous materials and their use, generation, or
storage.
5. Section 2921.4 of the proposed rule is redesignated as section
2921.5.
6. Section 2921.3 of the proposed rule is further amended by
redesignating paragraph (f) as section 2921.4, redesignating paragraph
(e) as paragraph (f), and adding paragraph (e) to read as follows:
Sec. 2921.3 Prohibited acts.
* * * * *
(e) Additional prohibited acts not related to trespass include but
are not limited to:
(1) Failure to comply with any of the terms and conditions imposed
under Sec. 2921.2 of this part;
(2) Failure to comply with any permit or lease stipulations
required by the authorized officer;
(3) Transfer of a lease to another party prior to written approval
by the authorized officer;
(4) Use of a permit after the expiration date or for purposes other
than those specified in the permit;
(5) Use of a lease after the expiration date or for purposes other
than those specified in the lease without the written approval of the
authorized officer;
(6) Failure to comply with any Bureau of Land Management notice or
temporary suspension order;
(7) Failure to pay any required fee or payment;
(8) Failure to comply with requirements for restoration,
revegetation, and curtailment of erosion of the land surface, or any
other reclamation measure determined necessary by the authorized
officer.
(9) Subleasing lands leased under this part.
(10) Treatment or disposal of hazardous materials on leased or
permitted lands.
(11) Disposal of solid wastes as defined in the Resource
Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901 et
seq., and the regulations issued under that Act.
* * * * *
7. Section 2921.3(f) of the original proposed rule is redesignated
as section 2921.4 and revised to read as follows: [[Page 7882]]
Sec. 2921.4 Penalties.
(a) In addition to the civilly enforceable penalties listed in this
part, any person who knowingly and willfully violates any regulation in
Sec. 2921.3 may be tried before a designated United States magistrate
and fined in accordance with Title 18 of the United States Code, or
imprisoned for no more than 12 months, as provided by Section 303(a) of
the Federal Land Policy and Management Act of 1976, as amended (43
U.S.C. 1733(a)), or both. Under the Sentencing Reform Act of 1984, as
amended by the Criminal Fine Improvements Act of 1987, (18 U.S.C.
3571), an individual who has been found guilty of an offense under this
part may be fined not more than $100,000, and an organization that has
been found guilty of an offense under this part may be fined not more
than $200,000.
(b) In addition to the criminal penalties for offenses under
section 303(a) of the Federal Land Policy and Management Act, any
person who willfully injures any property of the United States, or of
any department or agency of the United States, may be punished in
accordance with 18 U.S.C. 1361, as follows: If the property damage
exceeds the sum of $100, by a fine of not more than $10,000 or
imprisonment for not more than ten years, or both. Under 18 U.S.C.
3559(a)(4), an offense under 18 U.S.C. 1361 is classified as a Class D
felony. An individual who has been found guilty of a Class D felony may
be fined not more than $250,000, and an organization may be fined not
more than $500,000, under the Criminal Fine Improvements Act of 1987
(18 U.S.C. 3571).
8. Section 2921.6 is added to the original proposed rule to read as
follows:
Sec. 2921.6 Activities requiring a permit.
(a) General. All commercial activities require a permit, unless
they require a lease under Sec. 2921.1(b). Noncommercial activities may
require a permit or lease if the authorized officer determines that
they are likely to result in more than casual use. Casual use
activities do not require a permit or lease.
(b) Still photography, or camcorders and other videotaping. A
permit is required for professional still photography, or the
professional use of camcorders or other videotaping equipment, on
public lands only under the following circumstances:
(1) If photographs or videos of public land users will be made with
the express purpose of selling the photographs or videos to those same
users;
(2) If photographs or videos are made under an existing contract to
sell them;
(3) If photographs or videos of commercial products are made on
public lands for advertising purposes; or
(4) If the photography or videotaping is reasonably likely to
affect adversely the public lands or their resources.
6. Section 2921.7 is added to the original proposed rule to read as
follows:
Sec. 2921.7 Minimum impact permits and full permits.
(a) In response to a permit application, the authorized officer may
issue a minimum impact permit or a full permit based on the criteria in
paragraphs (b) and (c) of this section, or based on the criteria in a
validly adopted decision document referred to in paragraph (d)(1) of
this section. Any permit application for an activity as to which the
authorized officer determines that the criteria in paragraphs (b) and
(c) of this section do not apply will be considered for a minimum
impact permit.
(b) The authorized officer will not issue a minimum impact permit,
but will consider issuing a full permit, when any of the following
conditions apply:
(1) Any crucial or critical wildlife habitat (recognizing seasonal
variations), or sensitive, threatened, or endangered species, may be
affected.
(2) There is a reasonable likelihood that a Native American sacred
site would be affected.
(3) There is a major use of pyrotechnics.
(4) There is a reasonable likelihood of more than minimal impact on
soil, air, or water.
(5) Explosives will be used.
(6) Heavy equipment will be used in a manner likely to cause
environmental damage.
(7) There is danger of introduction of exotic species into the
area.
(8) There may be disturbance of resource values, including, but not
limited to, any of the following:
(i) Historical, cultural, or paleontological sites;
(ii) Sensitive soils;
(iii) Relict environments, those surviving from an earlier period
in a particular area;
(iv) Wetlands or riparian areas; or
(v) Areas of Critical Environmental Concern designated under
Sec. 1610.7-2 of this title;
(c) The authorized officer will not issue a minimum impact permit,
but will consider issuing a full permit, if the activity meets the
conditions of both paragraphs (c)(1) and (c)(2) of this section, as
follows:
(1) The activity is located in any of the following:
(i) BLM-designated Wilderness Study Areas.
(ii) Areas proposed for wilderness designation in legislation
currently in Congress;
(iii) Wild and Scenic River corridors;
(iv) Areas or sites on the National Register of Historic Places;
(v) Other sensitive areas as determined by the authorized officer;
and
(2) One or more of the following activities will occur in the
permit area:
(i) Vehicles will be used, except on roads that are mechanically
constructed;
(ii) Facilities or film sets will be constructed;
(iii) There will be significant restriction of public access;
(iv) There will be significant use of domestic livestock;
(v) Aircraft will be used;
(vi) Fifteen (15) or more vehicles will be used;
(vii) Seventy five (75) or more people will be present at any one
time; or
(viii) The activity will continue for more than 10 days.
(d)(1) The provisions of paragraphs (b) and (c) of this section do
not apply if:
(i) The Bureau of Land Management has established criteria for
minimum impact permits in a validly adopted decision document covering
the proposed activity and the specific public lands that are the
subject of the permit application;
(ii) The decision document was signed before (30 days after
publication of the final rule); and
(iii) The decision document's rationale and supporting
environmental analysis are valid at the time the permit is issued.
(2) If all of the requirements listed in paragraph (d)(1) of this
section are met, the authorized officer will apply the minimum impact
permit criteria established in the decision document to determine
whether a minimum impact permit or a full permit is appropriate for the
proposed activity.
(3) If, after (30 days after publication of the final rule), the
Bureau of Land Management prepares or amends a decision document
covering the activities and public lands that are the subject of a
permit application, the authorized officer will apply the criteria in
paragraphs (b) and (c) of this section to determine whether a minimum
impact permit or a full permit is appropriate.
9. Section 2921.8 is added to the original proposed rule to read as
follows: [[Page 7883]]
Sec. 2921.8 Appeals.
(a) Minimum impact permits. All minimum impact permit decisions of
the authorized officer will be effective immediately upon signature by
the authorized officer and will remain effective during the pendency of
an appeal unless the Interior Board of Land Appeals (IBLA) or the
authorized officer determines that the decision should be stayed as
provided in this paragraph. The provisions of Sec. 4.21(a) of this
title do not apply to any decision or approval of the authorized
officer on a minimum impact permit under this part, except that a party
who may properly maintain an appeal under 43 CFR 4.21(a) of this title
may file a petition for a stay together with a timely notice of appeal.
A petition for a stay of a decision or approval of the authorized
officer must be filed with IBLA showing sufficient justification under
the standards set forth in Sec. 4.21(b) of this title. Nothing in this
paragraph diminishes the discretionary authority of the authorized
officer to stay a decision subject to appeal upon a request by an
adversely affected party or on the authorized officer's own initiative.
(b) Full permits and leases. All decisions of the authorized
officer approving or denying a full permit and all decisions approving
or denying a lease will be subject to the appeal provisions in part 4
of this title.
10. Section 2921.9 is added to the proposed rule to read as
follows:
Sec. 2921.9 Outdoor advertising.
Permits or leases for the erection and maintenance of outdoor
advertising signs, displays, and devices adjacent to Interstate
Highways will be issued pursuant to the requirements of 23 U.S.C. 131
and the regulations at 23 CFR part 750.
10a. Section 2922.2-2 of the original proposed rule is redesignated
as Sec. 2922.2-3.
11. Section 2922.2-1 of the original proposed rule is redesignated
as section 2922.2-2, and new section 2922.2-1 is added to the original
proposed rule to read as follows:
Sec. 2922.2-1 Applications not conforming with land use plans.
An application for a permit or lease will be rejected if the
proposed use does not conform with Bureau of Land Management land use
plans, as provided in Sec. 1610.5-3(a) of this title. If the proposed
use does not conform with Bureau of Land Management land use plans, the
authorized officer will reject the application and explain in writing
why the proposal will not be approved. Rejected applications are
subject to appeal pursuant to part 4 of this title.
12. Newly redesignated section 2922.2-3 is amended by revising
paragraph (a), redesignating paragraphs (b) through (e) as paragraphs
(c) through (f), respectively, and adding paragraph (b), to read as
follows:
Sec. 2922.2-3 Application content.
(a) General. Applications for a permit or lease must include
sufficient detail to enable the authorized officer to evaluate the
feasibility of the proposed land use and determine whether the proposed
use is in accordance with Bureau of Land Management plans, programs,
and policies for the affected public lands. Applicants must disclose
whether hazardous materials are to be used, stored, transported, or
generated on the subject lands.
(b) Commercial filming/photography permits. Persons wishing to
obtain a permit for motion picture filming or commercial still or video
photography on public lands must submit an application containing the
name, address, and telephone number of the applicant, the name of the
applicant's agent, if any, and the following information:
(1) Type of use. (i) The application must state whether the use of
the public lands will be for a commercial production, a nonprofit
production, a community service production, or an educational
production.
(ii) The application must state whether the use of the public lands
will be for a feature film, an advertisement, a documentary, a still
photograph, a video, or for some other purpose.
(2) Duration of use. The application must state the number of days
that filming and related activities will continue on the land that is
the subject of the permit.
(3) Number of people. The application must state the number of
personnel to be involved in the filming activity subject to the permit.
(4) Number and type of vehicles. The application must state the
number and type of vehicles to be used in the filming activity subject
to the permit.
(5) Staging areas. The application must state the number and
location of staging areas on public lands subject to the permit.
(6) Other activities. The application must state whether other
activities are involved, including but not limited to:
(i) Temporary road closures;
(ii) Special effects or pyrotechnics;
(iii) Construction of sets;
(iv) Use of animals;
(v) Use of aircraft; or
(vi) Catering.
* * * * *
13. Section 2922.3 in the proposed rule is redesignated as section
2922.2-4 and further amended by adding paragraph (m) to read as
follows:
Sec. 2922.2-4 Application processing.
* * * * *
(m) The authorized officer may allow the use, storage, and
generation of hazardous materials in connection with the lessee's or
permittee's use or occupancy of the public lands pursuant to this part
only if consistent with applicable Federal, State, and local laws and
regulations.
13. Section 2924.1-2 of the proposed rule is revised to read as
follows:
Sec. 2924.1-2 Rental and fee schedule for film and photography
permits.
(a) Motion picture and video filming. (1) Upon being issued either
a minimum impact or full permit for commercial motion picture or video
filming under Sec. 2921.7, the permittee must pay a rental according to
the following schedule:
Motion Picture and Video Filming Rental Schedule
------------------------------------------------------------------------
Daily rate for
Number of people Daily rate for each staging
each location area
------------------------------------------------------------------------
1-10................................ $150............ $75
11-30............................... 250............. 125
31-60............................... 450............. 225
61-100.............................. 600............. 300
101+................................ 600 (or as 300 (or as
determined by determined by
appraisal). appraisal).
------------------------------------------------------------------------
Note: The number of people includes actors, models, and filming
and support crew. If the number of people exceeds 100, the
authorized officer may order an appraisal to determine fair market
value. Absent such an appraisal, the maximum daily rental is $600
for each location and $300 for each staging area for numbers of
people exceeding 100.
(i) Total rent is calculated by adding the rate for each day
authorized. The rent may vary from day to day depending on the number
of people who are present and the number of locations and staging areas
used. Permit applications must include a daily estimate of the number
of people planned to be on location.
(ii) The permittee must pay rental for days in excess of 20 days at
a rate of 85 percent of the daily rent per day, plus any additions
required under paragraph (a)(2) of this section.
(2) In addition to the rental requirements of paragraph (a)(1) of
this section, the permittee must pay daily fees, based on the type and
amount of special treatment required, area used, or
[[Page 7884]] activity undertaken, according to the following schedule:
Rental Fee Additions
------------------------------------------------------------------------
Daily
Activity fee
------------------------------------------------------------------------
Traffic control (road closures, detours, etc.)................. $150
Authorized use of Congressional or agency identified protected
areas listed in Sec. 2921.7(c)(1)............................. 150
Authorized surface disturbances (grading, removal of rocks or
vegetation, use of heavy earthmoving equipment or animals).... 100
Special effects (crashes, large pyrotechnics, fire scenes,
etc.)......................................................... 100
------------------------------------------------------------------------
(3) The proposed rental schedule will be updated annually based on
the U.S. Department of Labor Consumer Price Index for All Urban
Consumers (CPI-U), U.S. City Average published in July of each year.
(b) Commercial still photography. (1) Upon being issued a
commercial still photography permit under Sec. 2921.6(b), the permittee
must pay a rental according to the following schedule:
Commercial Still Photography Rental Schedule
------------------------------------------------------------------------
Number of people Daily rate
------------------------------------------------------------------------
1-3............................................... No charge.
4-10.............................................. $100
11-30............................................. 150
31-49............................................. 250
50-100............................................ 300
101+.............................................. 300 (or as
determined by
appraisal).
------------------------------------------------------------------------
Note: The number of people includes actors, models, and
photography and support crew. If the number of people exceeds 100,
the authorized officer may order an appraisal to determine fair
market value. Absent such an appraisal, the maximum daily rental is
$300 for numbers of people exceeding 100.
(i) Total rent must be calculated by adding the rate for each day
authorized. The rent may vary from day to day depending on the number
of people who are present. Permit applications must include a daily
estimate of the number of people planned to be on location.
(ii) Daily rent must be paid for each authorized location.
(2) The proposed rental schedule will be updated annually based on
the U.S. Department of Labor Consumer Price Index for All Urban
Consumers (CPI-U), U.S. City Average.
Dated: January 12, 1995.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 95-3305 Filed 2-8-95; 8:45 am]
BILLING CODE 4310-84-P
