IntrepidXJ
NAXJA Member #647
- Location
- Grand Junction, CO
To All Action Alert Subscribers:
This was sent out to our Utah subscribers in response to several email inquiries, the response was so great we decided to blast it out to everyone.
Thanks for your continued support,
Ric Foster
Public Lands Assistant
BlueRibbon Coalition
208-237-1008 ext 107
[email protected]
Dear Utah Recreationists,
A few weeks back, an email began to circulate indicating the BLM had implemented a six-vehicle limit on all group activities in one of the field offices. As a result, both Mike Swenson from Utah Shared Access Alliance (USA-ALL) and I received several emails and calls from concerned citizens worried that their club rides and annual camp outs would now require some sort of permit.
Off-Highway Vehicle recreation is a social experience where folks enjoy recreating in groups. Land managing agencies depend on partnerships with OHV clubs and organizations to leverage funds and volunteer labor for managing trails. In addition to all that, the OHV community is a surprisingly generous bunch, raising millions of dollars (we're not exaggerating!) for charity. It is impossible to overstate the importance of the regulations governing group recreational activities.
I asked one of BLM's recreation planners to help clarify their rules about Special Recreation Permits (SRP), and, like most governmental regulations, the response we received was about as clear as mud! (we've posted a link to parts of his response below)
So... Mike and I thought we'd make an attempt to clear up some of the mud. For now, we're going to focus on BLM, but similar regulations exist on U.S. Forest Service and State lands as well.
But first, a word to you agency-types on our action alert lists:
You folks have got to figure out a way to streamline the SRP process. The public needs to be able to determine if a permit is required by visiting your website and it needs to be as easy as possible.
Here are some rules of thumb that might clear up some of the Mud:
* Permits are at the discretion of the BLM Field Office Manager. Just because you "trip" one of the requirements listed here doesn't necessarily mean you need a permit. Conversely, some Managers require permits even if the activity didn't "trip" one of these requirements. Check the website for the District Office your activity is in to be sure.
* The rules apply for any activity, not just OHV use. So you Scout Masters, equestrians, hikers and mountain bikers need to pay attention.
* In general, if you have more than 50 vehicles (horses, mountain bikes etc) you probably need to apply for a permit. (FS allows 75 vehicles/horses/hikers etc) Although there is no longer a 50 vehicle threshold for BLM, each District Office sets the threshold for permitting requirements via the Land Use Planning process. Most BLM offices are in the process of updating their management plans and as these new plans are finalized the 50 vehicle rule of thumb will no longer apply.
* If you charge a fee, you MUST apply for a permit. National regulations require permits for all commercial and competitive use, and one of the defining factors for both competitive and commercial is if any fee is charged. Sadly, the federal government makes no distinction between charity fundraisers and commercial operations. Any and all fundraising activity is considered commercial and must be under permit.
* If the event is advertised with the intent of drawing participants from outside a club or group, that would trigger the permit requirement. If the advertisement is simply in a club newsletter or on a club website, and is intended to simply notify members of the event, that in itself would not necessarily trigger the permit requirement. Of course the event itself may trigger a permit requirement for other reasons.....
* If your event is competitive in nature, you'll definitely need a permit.
As we mentioned above, just because you've 'tripped' one of those rules of thumb, it doesn't necessarily mean you'll need a permit. In most cases it probably will. You will need to at least fill out an application along with an operating plan and pay the minimum permit fee and/or a permit processing fee (if such a processing fee is set by the District Office). National regulations have set a minimum permit fee of $90. This minimum fee is applied to use fees, which means that if the total use fees for an event were $50, you would still pay $90.00 total; if the use fees were $100, you would pay the minimum fee of $90 plus $10.00, not $90 plus $100.00. Applications must be filed at least 180 days in advance. BLM is supposed to respond within 30 days, but doesn't have to let you know if a permit will be granted until 30 days before the event. Each District Office does SRP's differently so the best thing to do is to contact your local Outdoor Recreation Specialist.
Clear as mud, right!?!?!
Cost Recovery:
A discussion of Special Recreation Permits is not complete without a mention of "Cost Recovery." Cost Recovery is the way the Forest Service and BLM recovers the cost of processing permits and any needed environmental analysis. If the agency conducts over 50 hours of work to process a permit, it is supposed to recover the costs. Cost Recovery is a HUGE issue and can make the cost of obtaining a permit astronomical.
Is there any good news?
Yes. Agency regulations now allow for;
Long term permits:
If you are contemplating an event big enough to require a permit, regulations allow for the agencies to issue up to 10-year permit. Most offices are issuing 5-year permits for large OHV events. If a permit is required for your event, consider applying for a multi-year permit.
Letter of Understanding between clubs and the agency:
Club rides that exceed 50 vehicles, don't charge a fee and aren't advertised outside the club membership may also be permitted via Letter of Understanding. It is important to make a distinction here--a letter of understanding does not authorize any activity; rather, it states that BLM has analyzed the proposed activity and has determined that a permit is not required. Within the letter of understanding, BLM may specify certain "rules of conduct", or facilities which the applicant should supply, but those are recommendations only, and are not enforceable--they are more of a handshake agreement.
"Programmatic permitting"
The agency now has supplemental guidance that instructs them to attempt to address recreation permits in programmatic land use planning process. That's bureau-speak for designating routes and areas available for permitted events in the Land Use Plan, thereby making permits a relatively easy process and almost totally eliminating the requirement for Cost Recovery.
This is the reason it is so very important that the OHV community, especially clubs that do large OHV events or competitive race promoters, pay close attention to the land use planning process. The desert racing community and even clubs that regularly have rides approaching 50 people, MUST pay attention and do as much as possible to ensure the agency provides for their activities within the local Land Use Plans.
Final Word from Mike and Brian:
BLM's regulations cautions individual Field Offices that the SRP process is not to be used for prohibiting, or severely restricting, activities that would normally be allowed... such as OHV recreation. Regulations are clear: Recreation permits must serve the public interest, and support the goals and objectives of land use plans.
Agency regulations encourages individual Field Offices to incorporate SRP policy with land use plans and states that it is imperative that areas which will have restrictions on users, (i.e., numbers, season of use, location, group size or other conditions that limit the user) be identified and quantified during the Resource Management Plan (RMP) process.
Those kinds of recreation management decisions are to be made via the planning process, which is made with full public involvement, and not through application of the recreation permit policy.
As always, if you have any questions please call.
Brian Hawthorne
BlueRibbon Coalition
208-237-1008 ext 102
[email protected]
Mike Swenson
Utah Shared Access Alliance
801-465-1145
[email protected]
MORE INFO ON THE WEB:
LINK TO SRP REGULATIONS
http://www.access.gpo.gov/nara/cfr/waisidx_05/43cfr2930_05.html
LINK TO BLM RECREATION PERMIT HANDBOOK:
http://www.blm.gov/nhp/efoia/wo/handbook/handbook.html
(Scroll down to "H-2930-1)
LINK TO SUPPLEMENTAL GUIDANCE ON SRP's
http://www.blm.gov/nhp/efoia/wo/fy05/wo-im-05.htm
(Scroll down to "Jan 23 2004 Policy Guidance Implementing and Clarifying Final and Supplementary Rules for "Permits for Recreation on Public Lands")
LINK TO BLM LETTER REFERENCED ABOVE:
http://www.sharetrails.org/uploads/PL/BLM/BLM_letter_to_BRC_re_SRP_ problem 5.26.06.pdf
Note: We've redacted all reference to the person who originally applied for the permit.
NEW REGULATIONS PUT PRESSURE ON OHV CLUBS
http://www.sharetrails.org/index.cfm?page=42&story=439
BLM MODIFIES SPECIAL RECREATION PERMIT PROGRAM
http://www.sharetrails.org/index.cfm?page=42&story=564
This was sent out to our Utah subscribers in response to several email inquiries, the response was so great we decided to blast it out to everyone.
Thanks for your continued support,
Ric Foster
Public Lands Assistant
BlueRibbon Coalition
208-237-1008 ext 107
[email protected]
Dear Utah Recreationists,
A few weeks back, an email began to circulate indicating the BLM had implemented a six-vehicle limit on all group activities in one of the field offices. As a result, both Mike Swenson from Utah Shared Access Alliance (USA-ALL) and I received several emails and calls from concerned citizens worried that their club rides and annual camp outs would now require some sort of permit.
Off-Highway Vehicle recreation is a social experience where folks enjoy recreating in groups. Land managing agencies depend on partnerships with OHV clubs and organizations to leverage funds and volunteer labor for managing trails. In addition to all that, the OHV community is a surprisingly generous bunch, raising millions of dollars (we're not exaggerating!) for charity. It is impossible to overstate the importance of the regulations governing group recreational activities.
I asked one of BLM's recreation planners to help clarify their rules about Special Recreation Permits (SRP), and, like most governmental regulations, the response we received was about as clear as mud! (we've posted a link to parts of his response below)
So... Mike and I thought we'd make an attempt to clear up some of the mud. For now, we're going to focus on BLM, but similar regulations exist on U.S. Forest Service and State lands as well.
But first, a word to you agency-types on our action alert lists:
You folks have got to figure out a way to streamline the SRP process. The public needs to be able to determine if a permit is required by visiting your website and it needs to be as easy as possible.
Here are some rules of thumb that might clear up some of the Mud:
* Permits are at the discretion of the BLM Field Office Manager. Just because you "trip" one of the requirements listed here doesn't necessarily mean you need a permit. Conversely, some Managers require permits even if the activity didn't "trip" one of these requirements. Check the website for the District Office your activity is in to be sure.
* The rules apply for any activity, not just OHV use. So you Scout Masters, equestrians, hikers and mountain bikers need to pay attention.
* In general, if you have more than 50 vehicles (horses, mountain bikes etc) you probably need to apply for a permit. (FS allows 75 vehicles/horses/hikers etc) Although there is no longer a 50 vehicle threshold for BLM, each District Office sets the threshold for permitting requirements via the Land Use Planning process. Most BLM offices are in the process of updating their management plans and as these new plans are finalized the 50 vehicle rule of thumb will no longer apply.
* If you charge a fee, you MUST apply for a permit. National regulations require permits for all commercial and competitive use, and one of the defining factors for both competitive and commercial is if any fee is charged. Sadly, the federal government makes no distinction between charity fundraisers and commercial operations. Any and all fundraising activity is considered commercial and must be under permit.
* If the event is advertised with the intent of drawing participants from outside a club or group, that would trigger the permit requirement. If the advertisement is simply in a club newsletter or on a club website, and is intended to simply notify members of the event, that in itself would not necessarily trigger the permit requirement. Of course the event itself may trigger a permit requirement for other reasons.....
* If your event is competitive in nature, you'll definitely need a permit.
As we mentioned above, just because you've 'tripped' one of those rules of thumb, it doesn't necessarily mean you'll need a permit. In most cases it probably will. You will need to at least fill out an application along with an operating plan and pay the minimum permit fee and/or a permit processing fee (if such a processing fee is set by the District Office). National regulations have set a minimum permit fee of $90. This minimum fee is applied to use fees, which means that if the total use fees for an event were $50, you would still pay $90.00 total; if the use fees were $100, you would pay the minimum fee of $90 plus $10.00, not $90 plus $100.00. Applications must be filed at least 180 days in advance. BLM is supposed to respond within 30 days, but doesn't have to let you know if a permit will be granted until 30 days before the event. Each District Office does SRP's differently so the best thing to do is to contact your local Outdoor Recreation Specialist.
Clear as mud, right!?!?!
Cost Recovery:
A discussion of Special Recreation Permits is not complete without a mention of "Cost Recovery." Cost Recovery is the way the Forest Service and BLM recovers the cost of processing permits and any needed environmental analysis. If the agency conducts over 50 hours of work to process a permit, it is supposed to recover the costs. Cost Recovery is a HUGE issue and can make the cost of obtaining a permit astronomical.
Is there any good news?
Yes. Agency regulations now allow for;
Long term permits:
If you are contemplating an event big enough to require a permit, regulations allow for the agencies to issue up to 10-year permit. Most offices are issuing 5-year permits for large OHV events. If a permit is required for your event, consider applying for a multi-year permit.
Letter of Understanding between clubs and the agency:
Club rides that exceed 50 vehicles, don't charge a fee and aren't advertised outside the club membership may also be permitted via Letter of Understanding. It is important to make a distinction here--a letter of understanding does not authorize any activity; rather, it states that BLM has analyzed the proposed activity and has determined that a permit is not required. Within the letter of understanding, BLM may specify certain "rules of conduct", or facilities which the applicant should supply, but those are recommendations only, and are not enforceable--they are more of a handshake agreement.
"Programmatic permitting"
The agency now has supplemental guidance that instructs them to attempt to address recreation permits in programmatic land use planning process. That's bureau-speak for designating routes and areas available for permitted events in the Land Use Plan, thereby making permits a relatively easy process and almost totally eliminating the requirement for Cost Recovery.
This is the reason it is so very important that the OHV community, especially clubs that do large OHV events or competitive race promoters, pay close attention to the land use planning process. The desert racing community and even clubs that regularly have rides approaching 50 people, MUST pay attention and do as much as possible to ensure the agency provides for their activities within the local Land Use Plans.
Final Word from Mike and Brian:
BLM's regulations cautions individual Field Offices that the SRP process is not to be used for prohibiting, or severely restricting, activities that would normally be allowed... such as OHV recreation. Regulations are clear: Recreation permits must serve the public interest, and support the goals and objectives of land use plans.
Agency regulations encourages individual Field Offices to incorporate SRP policy with land use plans and states that it is imperative that areas which will have restrictions on users, (i.e., numbers, season of use, location, group size or other conditions that limit the user) be identified and quantified during the Resource Management Plan (RMP) process.
Those kinds of recreation management decisions are to be made via the planning process, which is made with full public involvement, and not through application of the recreation permit policy.
As always, if you have any questions please call.
Brian Hawthorne
BlueRibbon Coalition
208-237-1008 ext 102
[email protected]
Mike Swenson
Utah Shared Access Alliance
801-465-1145
[email protected]
MORE INFO ON THE WEB:
LINK TO SRP REGULATIONS
http://www.access.gpo.gov/nara/cfr/waisidx_05/43cfr2930_05.html
LINK TO BLM RECREATION PERMIT HANDBOOK:
http://www.blm.gov/nhp/efoia/wo/handbook/handbook.html
(Scroll down to "H-2930-1)
LINK TO SUPPLEMENTAL GUIDANCE ON SRP's
http://www.blm.gov/nhp/efoia/wo/fy05/wo-im-05.htm
(Scroll down to "Jan 23 2004 Policy Guidance Implementing and Clarifying Final and Supplementary Rules for "Permits for Recreation on Public Lands")
LINK TO BLM LETTER REFERENCED ABOVE:
http://www.sharetrails.org/uploads/PL/BLM/BLM_letter_to_BRC_re_SRP_ problem 5.26.06.pdf
Note: We've redacted all reference to the person who originally applied for the permit.
NEW REGULATIONS PUT PRESSURE ON OHV CLUBS
http://www.sharetrails.org/index.cfm?page=42&story=439
BLM MODIFIES SPECIAL RECREATION PERMIT PROGRAM
http://www.sharetrails.org/index.cfm?page=42&story=564
