[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2932.5]



[Page 317-318]

 

                    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



[[Page 318]]



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.