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

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

Proposed Rules

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

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

g., 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

ay 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

he 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 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

ppeals, 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

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

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

ion 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

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 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

isted in

Sec. 2921.7(b) or (c). The BLM proposes to adopt these criteria for all

types of land uses that are 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

er 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

l, 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

jor 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

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

rtified 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 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.

* * * * *

s.

* * * * *

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.

* * * * *

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:

Sec. 2921.4 Penalties.

nt 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:

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:

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

rmit 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:

a;

(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.

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:

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

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.

he 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.

ease 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;

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).

------------------------------------------------------------------------

............ $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

activity undertaken, according to the following schedule:

r 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

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:

--------

(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