[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR8372.0-5]

[Page 919-920]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 8370--USE AUTHORIZATIONS--Table of Contents
 
    Subpart 8372--Special Recreation Permits Other Than on Developed 
                            Recreation Sites
 
Sec. 8372.0-5  Definitions.

    For the purposes of this subpart:
    (a) Commercial use is recreational use of the public lands for 
business or financial gain. When any permittee, employee or agent of a 
permittee, operator, or participant makes or attempts to make a profit, 
salary, increase his business or financial standing, or supports, in any 
part, other progams or activities from amounts received from or for 
services rendered to customers or participants in the permitted 
activity, as a result of having the special recreation permit, the use 
will be considered commercial. Subsistence activities of Alaskan Natives 
(as defined in the Alaska Native Claims Settlement Act) in Alaska are 
not considered recreational use. The collection by a permittee or his 
agent of any fee, charge, or other compensation which is not strictly a 
sharing of, or is in excess of, actual expenses incurred for the 
purposes of the activity or use shall make the activity or use 
commercial. Use by

[[Page 920]]

educational and therapeutic institutions is considered commercial when 
the above criteria are met. Profit making organizations are 
automatically classified as commercial, even if that part of their 
activity covered by the permit is not profit making. Nonprofit status of 
any group or organization under the Internal Revenue or Postal Laws or 
regulations does not in itself determine whether an event or activity 
arranged by such a group or organization is noncommercial. Any person, 
group, or organization seeking to qualify as noncommercial shall have 
the burden of establishing to the satisfaction of the authorized officer 
that no financial or business gain will be derived from the proposed 
use.
    (b) Actual expenses are expenses necessarily incurred for the 
permitted activity or use. These include, but are not limited to, the 
actual costs of such items as expendable equipment and supplies. Actual 
expenses do not include any salaries, profit, increase of capital worth, 
allowances, or subsidies of any other activities of the permittee or 
sponsor, the purchase or amortization of nonexpendable supplies or 
equipment, any allowance for undersubscribed events or any monetary 
compensation for sponsors or participants.
    (c) Competitive use is any formally organized or structured use, 
event, or activity on public land in which there are the elements of 
competition between two or more contestants, registration of 
participants, and/or a predetermined course or area is designated. The 
term also applies to one or more individuals contesting an established 
record such as speed or endurance.
    (d) An event is a single, structured, organized, consolidated, or 
scheduled meeting or occurrence for the purpose of recreational use of 
the public lands. An event may be composed of several related 
activities.
    (e) Educational use is an academic activity sponsored by an 
accredited institution of learning.
    (f) An operator is a group, association, individual, corporation, or 
organization which provides recreational services.
    (g) A special area is an area established as a component of the 
National Trails System, the National Wild and Scenic Rivers System, the 
National Wilderness System, an area covered by joint agreement between 
the Bureau of Land Management and a State government as provided for in 
title II of the Sikes Act, or any other area where the authorized 
officer determines that the resources require special management and 
control measures for their protection.
    (h) A User day is any calendar day, or portion thereof, for each 
individual accompanied or serviced by an operator or permittee on the 
public lands. Passenger day is synonymous with user day.
    (i) An off-road vehicle is any motorized vehicle capable of, or 
designed for, travel on or immediately over land, water, or other 
natural terrain excluding: (1) Any nonamphibious registered motorboat; 
(2) any military, fire, emergency, or law enforcement vehicle while 
being used for emergency purposes; (3) any vehicle whose use is 
specifically authorized by the authorized officer or otherwise 
officially approved; (4) official use; or (5) any combat or combat 
support vehicle when used in times of national defense emergencies.

[43 FR 40738, Sept. 12, 1978, as amended at 49 FR 34337, Aug. 29, 1984]