[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: 43CFR8372.4]

[Page 921-922]
 
                    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. 8372.4  Fees.

    (a) Fees. (1) Fees for Special Recreation Permits shall be 
established and maintained by the Director, Bureau of

[[Page 922]]

Land Management, and may be adjusted from time to time to reflect 
changes in costs. The fee schedule shall be incorporated in the Manual 
of the Bureau of Land Management, published periodically in the Federal 
Register and otherwise made generally available to the public.
    (2) Actual costs to the United States shall be charged in lieu of 
the fees provided in the schedule when the estimated cost of issuing and 
monitoring the permit (estimated at the time of application) exceeds 
$5,000, except when the total estimated fees from the schedule over the 
term of the permit exceed the estimated actual cost. In that case, the 
fees from the schedule shall be charged. The authorized officer shall 
notify the applicant in writing of such charges within 30 days of 
receipt of the permit application and shall not process said application 
until payment has been made for such charges.
    (b) Payment of use fees. (1) Payment of fees will be required at the 
time a permit is issued.
    (2) Where the amount of intended use is precisely specified in the 
application, the fee shall be nonrefundable. However, on receipt by the 
authorized officer of notification from the applicant of the intention 
not to use the permit in whole or in part, in sufficient time to allow 
reallocation of use to others, the authorized officer may refund the 
fee, less a minimum amount for permit processing.
    (3) Where the amount of intended use cannot be precisely determined, 
the fee will be based on an estimation and payment will be required of 
that amount. The fee will be adjusted, based on actual use, after use is 
made. Refunds will be made or additional payment will be required to the 
extent the payment requirement for actual use varies from the initial 
amount paid by $10.
    (4) If an applicant is unable to pay the fee in advance, the 
authorized officer may allow the posting of a payment bond or other 
guarantee in an amount equal to the actual or estimated fee. The 
authorized officer will establish a payment date which is no later than 
15 days following the use period.
    (c) Exceptions, exclusions, and exemptions. (1) Nothing contained 
herein shall authorize Federal hunting, trapping, or fishing licenses, 
permits, or fees.
    (2) Fees under provisions of this part shall not be charged and 
permits shall not be required for commercial or other activities not 
related to recreation. Permits may be required but fees shall not be 
charged for uses including, but not limited to, organized tours or 
outings conducted for educational or scientific purposes related to the 
resources of the area visited by bona fide institutions established for 
these purposes.
    (3) Applicants for waiver of fees on this basis may be required to 
provide documentation of their official recognition as educational or 
scientific institutions by Federal, State, or local government bodies or 
any other documentation necessary to demonstrate educational use as 
defined in Sec. 8372.0-5(e) of this title. The use of recreational 
resources for which a waiver on this basis is requested shall relate 
directly to scientific or educational purposes and shall not be 
primarily for recreational purposes.

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