[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2932.5]

[Page 308]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2930_PERMITS FOR RECREATION ON PUBLIC LANDS--Table of Contents
 
Subpart 2932_Special Recreation Permits for Commercial Use, Competitive 
      Events, Organized Groups, and Recreation Use in Special Areas
 
Sec. 2932.5  Definitions.


    Actual expenses means money spent directly on the permitted 
activity. These may include costs of such items as food, rentals of 
group equipment, transportation, and permit or use fees. Actual expenses 
do not include the rental or purchase of personal equipment, 
amortization of equipment, salaries or other payments to participants, 
bonding costs, or profit.
    Commercial use means recreational use of the public lands and 
related waters for business or financial gain.
    (1) The activity, service, or use is commercial if--
    (i) Any person, group, or organization makes or attempts to make a 
profit, receive money, amortize equipment, or obtain goods or services, 
as compensation from participants in recreational activities occurring 
on public lands led, sponsored, or organized by that person, group, or 
organization;
    (ii) Anyone collects a fee or receives other compensation that is 
not strictly a sharing of actual expenses, or exceeds actual expenses, 
incurred for the purposes of the activity, service, or use;
    (iii) There is paid public advertising to seek participants; or
    (iv) Participants pay for a duty of care or an expectation of 
safety.
    (2) Profit-making organizations and organizations seeking to make a 
profit are automatically classified as commercial, even if that part of 
their activity covered by the permit is not profit-making or the 
business as a whole is not profitable.
    (3) Use of the public lands by scientific, educational, and 
therapeutic institutions or non-profit organizations is commercial and 
subject to a permit requirement when it meets any of the threshold 
criteria in paragraphs (1) and (2) of this definition. The non-profit 
status of any group or organization does not alone determine that an 
event or activity arranged by such a group or organization is 
noncommercial.
    Competitive use means--
    (1) Any organized, sanctioned, or structured use, event, or activity 
on public land in which 2 or more contestants compete and either or both 
of the following elements apply:
    (i) Participants register, enter, or complete an application for the 
event;
    (ii) A predetermined course or area is designated; or
    (2) One or more individuals contesting an established record such as 
for speed or endurance.
    Organized group activity means a structured, ordered, consolidated, 
or scheduled event on, or occupation of, public lands for the purpose of 
recreational use that is not commercial or competitive.
    Special area means:
    (1) An area officially designated by statute, or by Presidential or 
Secretarial order;
    (2) An area for which BLM determines that the resources require 
special management and control measures for their protection; or
    (3) An area covered by joint agreement between BLM and a State under 
Title II of the Sikes Act (16 U.S.C. 670a et seq.)
    Vending means the sale of goods or services, not from a permanent 
structure, associated with recreation on the public lands or related 
waters, such as food, beverages, clothing, firewood, souvenirs, 
photographs or film (video or still), or equipment repairs.