How recreation permitting

should work for you… instead of vice versa

Recreation Permits on Public Lands

Course #8300-14

AK3% AZ

5%

CA18%

CO14%

ES0.0006%ID

4%MT12%

NV8%

NM4%

OR7%

UT17%

WY7%

Commercial, Competitive, Organized SRPs by State

3415 Total (FY 2011)171

Special Area SRP

AZ8%

CA44%

NV2%

NM1%

UT46%

211,317 Total

Content• Review 2930 Manual• Revisions and clarifications in the

Manual and Handbook 2930-1• Walk through of permitting process,

pre-application through evaluation• Discuss FLREA public participation

requirements• Questions and group discussion

ObjectivesUpon completion, participants should be

able to:• Appreciate the uniqueness of Recreation

permitting in BLM.• Identify, locate and utilize current

guidance.• Administer, monitor and evaluate permits

to achieve planned goals and objectives within a recreation program.

SRPs are Different from any other BLM use authorizations

Recreation is a relatively new program in BLM.

• Mining laws 1866, 1872, 1955.

• Mineral Leasing Act 1920.

• Taylor Grazing Act 1934.

• ~3,000 public land laws since 1785

Trivia Question of the Morning

What law, predating the Constitution of the United States, established the principle that lands in the west would fall under the jurisdiction of the central, Federal Government?

This law is one of the earliest roots of the BLM.

• The Northwest Ordinance of 1787 was passed in July. US Constitution was not adopted until September.

Permitting by minerals, grazing, lands and timber:

1. Directed by statute, including qualifications of applicants and permit processing.

2. Existed in a Pre-NEPA, Pre-FLPMA, Pre-land use planning world.

3. Extensive history of litigation and court decisions.

4. Objective was to produce commodities, benefit the industry. Permittee is the end user.

5. BLM required to issue permits, leases, authorizations

Recreation in BLM1.Classification and Multiple Use Act of 1964.

Directs BLM, for the first time to assure a place for recreation.

2.FLPMA of 1976 directs that recreation is one of the principal or major multiple uses of public land. Provides no specific direction for authorizing use.

Recreation permitting is more dependent on land use planning and program specific

guidance than any other permitting in BLM!

Recreation Permits are Different!1. No statute requires BLM to issue recreation permits or

sets standards for applicants.

2. No law requires BLM to benefit the recreation industry.

3. Recreation permits produce experiences and outcomes, not commodities, not activities.

4. The permittee is not the end user of a commercial, competitive or organized group permit.

5. No other program permits the variety of activities.

Recreation Permits are Different!

6.SRPs are more discretionary than other program’s permits.

7.Decisions on recreation permits rely more on ethical decision making than legalistic adjudication.

Planning

• SRP’s not a separate activity. They are a means to implement recreation goals and objectives.

• Permits must serve the public interest.

• Make allocation decisions in LUP process, not one application at a time.

Manual and Handbook 2930-1

Field Office Recreation ProgramSpec

ial D

esig

natio

ns

Setting Prescriptions

Travel and Transporta

tion

RM

P

Inte

rpre

tatio

n

SR

Ps

SR

MA

& E

RM

A

RUP Sites

Developed Sites

Ben

efic

ial

Ou

tco

mes

RO

S

Vis

itor

Cen

ter

VRM

OHV DesignationsDesire

d Exp

erie

nce

All

oca

tio

ns

Field Office Recreation Program

Special Designations

Setting Prescriptions

Travel and Transportation

RMP

InterpretationSRPs

RMAsRUP Sites Developed Sites

Beneficial Outcomes

ROS

Visitor Center

VRM

OHV Designations

Desired Experience

Goals & Objectives

Supporting Actions

Implementation Actions

Allocations

Why we issue SRPs

1. Support recreation planning goals to provide experience and beneficial outcomes to the public.

2. Manage visitor use.

3. Provide for public health and safety.

4. Reduce user conflicts.

5. Reduce resource conflicts and damage.

6. Educate/communicate with the public.

7. Manage BLM workload.

8. Get a return for the commercial use of public land.

Sources of Information• Regulations 43-CFR-2930

• 2930 Manual and Handbook

• IMs & IBs

• IBLA Decisions

All the above and more are in your course book!

• Appendix C, Land Use Planning Handbook

• Planning for Recreation and Visitor Services Manual 8320

Instruction Memos of Note WO IM 2008-141 (Youth Wilderness Therapy)

WO IM 2011-019 (SRP Administration)

WO IM 2011- 041 (Update Director’s minimum SRP fees)

WO IM 2011-159 (Commercial disposal of cremated remains)

Instruction Memos of Note

• WO-IM 2010-28 (Temporary closures, including exclusive use SRPs under 43CFR 8364)

• WO-IM 2011-43 (Sage-Grouse)

• WO- IB 2009-78 (Audit tool kit)

• WO-IB 2010-119 (Appropriate use of fee revenue – overhead limited to 15%)

“There is no shame in not knowing. The problem arises when irrational thought and attendant behavior fill the vacuum left by ignorance.”

---Neil DeGrasse Tyson

2930 Manual Highlights

2930 Manual states FM’s must:

1. Provide for recreation permits in RMP (including activities that would not be permitted!)

2. Ensure staff receive training.

3. Develop, implement, and monitor actions related to recreation permits.

General Recreation Permit Policy

BLM Manual 2930

Permits and Permitted Use:

• A privilege to use public lands.

• Discretionary actions.

• Must serve the public interest.

• Supports management planning objectives and used to manage visitor use, protect resources, provide for health & safety.

Basic GuidanceBLM Manual 2930• Focus on quality experience for current and

future users. Results, not process.• Achieve healthy ecosystems which provide

settings for high quality experience.• Resource dependent niche – unique to each

area. • Each office must identify niche within

framework of a National role.

Outdoor recreation niches are: Authentic and unique. Described in superlatives. Significant regionally, nationally or internationally.

The Upshot

If you have not done all items from

the last few slides, your time would

be better spent doing some

recreation planning instead of

administering permits!

Manual / Handbook 2930-1

Financial gain

• Includes all payments, donations, gratuity,

bartering……

Multiyear Permits• May be issued for recurring events.

Re-enactments & Poker Rides• Are by definition, “recreational.”

SRP Policy GuidanceManual / Handbook 2930-1

Waivers of SRP’s and Fees• Don’t barter for volunteer work.• None for educational, therapeutic or fundraising events.• If it requires an SRP, it requires fee payment!

Co-sponsorship of events• Only when there is a clear, direct benefit to the public

lands.• BLM manager’s or staff’s good feelings about an event.

does not constitute a clear, direct benefit to public lands.

SRP Policy Guidance

Manual / Handbook 2930-1

Statewide Permits

• Just say, “No.”

• Multi-jurisdictional permits are not done solely for permittee convenience.

SRP Policy GuidanceDiscount for time off Public Land• Apply to all SRP’s, not just commercial.• May use % mileage or acreage for time.

Deductions for pre/post travel and lodging• Only for commercial clients.

Basis for deductions and discounts established in the operating plan!

SRP Policy GuidanceCounty Roads and Claimed Highways

• Events 100% on county road ROW do not usually need permits, however…..

• Most ROW are non-exclusive. BLM may require SRP if there is a concern for safety or resources.

• Un-adjudicated claims (RS-2477) are public lands and subject to SRP.

SRP Policy GuidancePublic Advertising

• May indicate commercial activity but not by itself definitive. Always indicates organized activity.

Permitted use by other programs

• Use authorized by another program (paleo, grazing, filming, etc.) that has a commercial recreation component also requires an SRP.

Processing an SRP Application

• Refer to page 18 of the Handbook.

Pre application consultation video here

Pre-application consultation• Pre-application consultations are valuable

to the applicant and to you.

• Your first opportunity to understand the proposal.

• Use this time to inform the applicant of everything you know you will require of them. Don’t use the EA to figure out you are going to require toilets.

Pre-application consultation• Advise applicant of any parts of their

proposal that we will be difficult and provide options to avoid the difficult areas.

• Avoiding a problem is cheaper and easier than dealing with it.

• Give applicant the opportunity to provide materials including EA, cultural survey, etc.

Pre-Application & Cost Recovery

• Pre-application consultations are not subject to cost recovery.

• Explain how cost recovery works, the 50 hour threshold, what we charge for and what we don’t.

• Explain how the account works and they will get back what we don’t spend.

Policy Implementation and Clarifying SRP Guidance

Revisions to Manual / Handbook 2930-1

Letters of Agreement• May be used only for organized groups.• Are not an authorization.• An agreement that an SRP is not required.

(No Federal Action; No NEPA required)

Organized Group SRPs

• Parameters for organized groups established in Land Use Plans.

• Any organized group may be required to obtain an SRP.

• Not every group requires an SRP.

• Based on agency discretion.

Example of Some Organized Group Criteria

1. Is use appropriate to the site?

2. Does it further recreation program objectives?

3. Is monitoring needed?

4. Health & Safety Concerns?

5. Bonding desirable for reclamation or damage to government property?

6. Insurance desirable to protect US?

7. Special services required such as law enforcement, fire protection, exclusive use?

Organized Groups – The bottom line

If an organized group requires:– Stipulations– Monitoring– Bonding– Insurance– Special services…

…Then it requires an SRP & SRP Fee

Film Permits and SRPs

1. Film permits may be incorporated into an SRP.

2. Film permits may be issued separately under 43 CFR 2920.

3. If film permit is incorporated into the SRP, charge both the SRP fee and the filming rate schedule.

Considerations

1.Is the SRP holder responsible for the filming?

2.Is the filming at the invitation of the permittee?

3.Is a separate, independent film production company involved?

4.Is the filming so complex it really needs its own management?

Film permit in the SRP?

Action Photo Businessrequires a permit!

SRP under 2930?

or

Film permit under 2920?

You decide – either one

works

Vendor SRPs

Two types of vending

1. Vending associated with another SRP• Typically with a large commercial or

competitive event.• If the permittee accepts responsibility

for all vending; then vending may be included in the SRP.

• If not, each individual vendor must obtain a vending SRP.

Two types of vending

2. Vending not associated with a permitted event.• Usually at a recreation attraction site

like a sand dunes area.• Vending should directly support or

enhance the recreation experience.• Must be appropriate to the settings

prescriptions.

Vending at Attraction Sites• Examples might be equipment rentals,

shuttle services, fire wood sales etc.• Consider impact of vending on established

business in gateway communities.

• Sales of food, souvenirs, clothing and convenience items are seldom appropriate since they are not necessary for most outdoor recreation experience.

Vending at Attraction SitesVending must be identified in recreation planning process.

When you allow vending you are changing:

• The natural, social and managerial settings of the site.

• Your marketing of the site.

Resulting in a change of experience, the visitors you attract, and those you displace or repel.

Form 2930-1. SRP Application

Require operating plans to support applications with detail to:

1. Fully understand the nature & scope of operations.

2. Establish revenue stream and basis for discounts and deductions.

3. Address public health and safety concerns (aka risk analysis and management).

4. Identify other permits, licenses required.

5. Address resource protection, LNT, Tread Lightly, etc.

6. Demonstrate activity proposed supports objectives.

Hot tip of the day!

Have the operating plan give numbers of:

• Participants

• Spectators

• Staff

• Vehicles

• Animals etc.

In a range – Maximum/minimum.

1. Does the plan reasonably address issues from previous slides and any others you want addressed?

2. Is the plan (especially health and safety) reasonable for the circumstances. “Reasonable,” not what BLM or some other permittee might do.

3. Does the risk analysis identify the inherent risks.

4. Does plan provide adequate basis to complete permit issuance, including NEPA and cost recovery determinations.

5. Plan within permittee’s capability?

BLM Review of Operating Plans

COST RECOVERY

For Recreation Permits

BLM AUTHORITY(Because somebody will ask!)

OMB Circular No. A-25, Revised 7/8/1993 – Cost recovery may be applied when the government provides a service that provides a special benefit to an identifiable recipient and that also provides a benefit to the general public.

Federal Land Policy and Management Act (FLPMA) states: Secretary of the Interior is authorized to require reimbursement to the United States for reasonable costs with respect to applications and other documents relating to public lands.

MANUALS, HANDBOOKS, ETC.

Manual 1323: Cost Recovery for Reimbursable Projects/Activities

IM 2013-015 Fiscal Year (FY) 2013 Indirect Cost Rate

Handbook 2930-1: Recreation Permit and Fee Administration

Manual 2930: Recreation Permits and Fees (2007)

IM 2011-019 Re-emphasize agency requirements for adequate administration of SRPs   

( provides you guidance….)

BLM will charge cost recovery if permit administration exceeds 50 hours of work.

Pre-application consultation is not subject to cost recovery.

Charge only for items that directly benefit applicant and not the public at large or other projects you may have.

The NEPA process will help identify mitigation or actions that need to be included in your cost recovery.

SOME BASIC RULES TO FOLLOW

If processing and administering permit will exceed 50 hours, cost recovery begins with the first hour.

For commercial permits exceeding 50 hours of time, cost recovery fees are charged in addition to the commercial use fees.

For competitive or organized permits exceeding 50 hours of time, cost recovery fees are charged unless the use fees are expected to exceed the cost recovery fee.

Cost recovery, including application fees may be charged to cover the costs of a permit lottery system, site reservation system, or special services for use of special areas.

And Don’t Forget…..

For multi-year permits, cost recovery applies in any year when the 50 hour threshold is exceeded.

YOUR OBJECTIVE IS TO DEVELOP A GOOD FAITH ESTIMATE OF THE COST FOR THE BLM TO ADMINISTER THE EVENT.

Cost Recovery Estimate p. 1 of 2

Staffing Costs Primal Quest              

Employee

Work Month Cost $/Hour

Hours for EASite SpecificSurvey

EventMon.Hours

PostEventMon. Total Hours Cost

Recreation Planner 1 (Moab FO) $6,086 $35.12 24 56 16 96 $3,371

Recreation Planner 2 (Price FO) $8,069 $46.56 24   24 $1,117

Archaeologist (PFO) $8,274 $47.74 16   16 $764

Wildlife Biologist 1 (MFO) $5,528 $31.90 16 16 32 $1,021

Wildlife Biologist 2 (PFO) $7,956 $45.91 16   16 $735

Riparian Specialist (PFO) $8,551 $49.34 16   16 $789

Hydrologist (PFO) $7,587 $43.78 12   12 $525

Botanist (MFO) $9,442 $54.48   8 8 $436

Labor Totals     124 80 16 220 $8,759

   

Cost Recovery Estimate p. 2 of 2

Other Costs              

Vehicle Trip Cost  Trips for EA

Development

TripsEventMon.

TripsPostMon. Total # Trips Cost

Vehicle Trips

$.30/mile x 120 miles per trip x # trips = $36/trip   7 7 2 16 $576.00

Sub-total $9,334.71

17.3 % Indirect. Costs $1,614.90

Total Estimated Cost Recovery $10,949.61

COST RECOVERY STEPS

Conduct pre-application meeting and review SRP application with applicant to determine if cost recovery will apply.

Inform the applicant of the cost recovery estimate and allow them time to review and question any costs or tasks.

At this point the applicant should be allowed the opportunity to proceed or withdraw the application.

Develop a Cost Recovery Estimate (financial plan)

Prepare a Cost Recovery Determination.

Prepare a Cost Recovery Agreement for the applicant and the AO to sign.

COST RECOVERY STEPS continued…

Refer to the SRP Handbook for guidelines on amount and timeline for deposit of required funding. With 25 % down, periodic payment can be made as long as full payment is received prior to issuing permit.

Once the required documents and funds are received by the BLM, proceed with opening the 5105 cost recovery project account.

Forward Determination, Cost Recovery Agreement and Summary of Cost Recovery Estimate to applicant for signatures and request deposit to set up cost recovery account.

Any resource required to process and administer the event:

WHAT TO INCLUDE...

Staff time

Law enforcement coverage

NEPA analysis and mitigation

Pre-event, Event and Post-event monitoring Vehicle use

Field Supplies specific to event

File close-out

DIRECT COST

Direct costs are those for activities or services that benefit the applicants project and are easily traced to that project.

• Staff salary including fringe benefits, leave surcharge and overtime.

• Contract services such as consultants hired by BLM to work on project:

• Travel and per diem

• Field Supplies directly related to project

NEPA documents Pre and post event course monitoring

• Vehicle use

Indirect costs are those for activities or services that benefit more than one project. Their precise benefits to the applicants project are difficult or impossible to trace.

Do Not include items that can be considered indirect costs in your itemized cost recovery estimate since they are included in the indirect cost assessment by the NOC.

Utilities Rent Administrative staff Maintenance

Telephones Bulk purchase of supplies

for general office use

INDIRECT COST

X

CAN YOU REDUCE COSTS ?

Industry Grants(Yamaha)

Third Party NEPA Preparation

(Provide suggestions to keep costs down)

Have several clubs combine resources to permit areas or

routes

Have applicant collect data if its

appropriate

Have applicant provide shapefiles instead of paper

maps

???

Local businesses as partners ?

Think outside the box!

Prepare CRA using standard templates from website http://web.blm.gov/internal/wo-300/wo-350/

The CRA will need to be signed by both the applicant and the authorizing officer.

COST RECOVERY AGREEMENT (CRA)

Purpose: Establish written agreement between the applicant and BLM for the cost recovery amount, what the applicant is paying for, and how BLM will spend and account for the money

Language must be inserted to identify project as a “full cost recovery” account.

This will allow you to ask for additional funds if necessary without modifying the agreement or making it appealable.

1) Form 1310-20: Project/Subproject Number Assignment and Information Form

3) CBS Receipt for Deposit of cost recovery fees placed into suspense account

2) Cost Recovery Agreement signed by applicant and authorizing officer

ESTABLISHING A 5105 COST RECOVERY ACCOUNT

The following three items need to be submitted to the NOC through your state budget lead to establish a 5105 Cost Recovery Account.

Form1310-20

Your State Office budget lead will assign a WBS project code that is specific to your project when packet is sent to the NOC.

• Don’t forget to have the Field Office budget tech transfer the funds from the suspense account into the new project account.

• Provide project staff the charge code for the project so they can begin work.

Once account is set up:

ESTABLISHING A 5105 COST RECOVERY ACCOUNT continued

PROJECT TRACKING

All costs must be supported by documentation sufficient to establish that the costs were accurately determined and properly recorded.

FORM 1323-1 Reimbursable Project Log

All staff labor and reason for charges need to be documented on Form 1323-1

All completed forms become part of the official record and should be placed in the event file

Forms are used to reconcile charges to the cost recovery account at close out

Any labor charged to a cost recovery project needs to reflect hours on staff timesheets.

The applicant may audit this documentation.

Account for what you spend

WHAT IF FUNDS RUN LOW ??

If account funds drop to 20% of original deposit, review remaining work and determine if additional funds will be required.

Before requesting additional funds, review the labor and operation charges made to the account to ensure they are accurate

Correct any errors or errant charges that may have been coded to the account and verify all charges are accurate.

If necessary, inform the permittee that additional funding will be required to complete the permit administration.

If additional funds will be needed to complete project, all work should stop until additional funds are received.

ALL FUNDS MUST BE RECEIVED PRIOR TO ISSUING THE PERMIT

REIMBURSE UNUSED FUNDSRemaining funds should be returned in a timely manner once the permit administration is complete.

• Follow the Refund Authorization overview instructions found at htpp://cbs.blm.gov

• Work closely with your budget tech or state budget lead since refund procedures may vary from state to state.

• Rule of thumb is to allow one month of account inactivity to ensure all charges have cleared.

CLOSING THE ACCOUNT

Once you determine to close the account:

• Complete and submit the Collections and Billing Branch Refund and Cancellation Request form to the NOC.

• Don’t forget to have the budget tech close the cost recovery account once FBMS shows the account balance is zeroed out.

• Notify the permittee that they will be receiving a refund shortly.

Primal Quest Final Report

Staffing Costs              

Employee Work Month Cost Rate/HrEA & Site Specific

SurveyEventMon

PostEventMon. Total Hours Cost

Recreation Planner 1 (Moab FO) CHAD NIEHAUS $6,086 $35.12 6 50 7 63 $2,212

Recreation Planner 2 (Moab FO) KATIE STEVENS $5,720 $33.01 14 48   62 $2,046

Recreation Planner 3 (Moab FO) BILL STEVENS $5,998 $34.61 9 47 3 59 $2,042

Recreation Planner 4 (Price FO) DENNIS WILLIS $8,069 $46.56   8   8 $372

Recreation Planner 5 (Price FO) JAYNEE LEVY $8,069 $46.56   14   14 $652

Wildlife Biologist 1 (MFO) PAM RIDDLE $5,528 $31.90   14   14 $447

Botanist (MFO) $9,442 $54.48   6   6 $327

Labor Totals     29 187 10 226 $8,099

Labor Totals     29 187 10 226 $8,099

   

Other Costs              

Vehicle Trip Cost    

Miles EventMon.

MilesPost Mon.

Total Mileage Cost

Vehicle Trips

$.30/mile x 120 miles per trip x # trips = $36/trip     963   963 $288.90

Servicing of Dumpster @ Swasey's Beach $160.00

Sub-total $8,548

19.3% Indirect cost $1,684

Total $10,231

AccountBalance $1,592

Primal Quest and Eco-Challenge

Both 500 mile adventure races in SE Utah.

350 competitors in teams of 5

Horses, hiking, biking, canyoneering, fixed rope climbing, kayaking and swimming.

40% over lap of the two courses.

Similar seasons of use and race format.

Helicopters and filming

Primal Quest Cost Recovery - $10,231

Eco-Challenge Cost Recovery - $ 290,000

A Tale of Two Cost Recovery SRPs

Eco-Challenge 1995• EA 67 Pages• 8 LE Staff for 560

hours + pd• 18 monitors for

1,260 hours + pd• Lots of OT• Portions in WSA • Monitoring report

11pp.• Cost Recovery

$190,000 ($290,000 in 2006 dollars)

Primal Quest 2006• EA 10 pages• No LE Staff, but

they still showed up.

• 7 monitors for 197 hours. No pd.

• Very little OT• Avoided WSA in

pre-app. consultation.

• Monitoring report 40pp.

• Cost Recovery $10,231

NEPA and SRPs

CEQ Regulations at 40 CFR 1500.1(c)

Ultimately, it is not better documents but better decisions that count.

NEPA’s purpose is not to generate paperwork-- even excellent paperwork

– but to foster excellent action.

Reducing Paper Work and Delay

CEQ Regs @ 40 CFR 1500.4

• Using the scoping process, identify issues and deemphasize issues that are not important

• Use tiering from statements of broad scope to those of narrower scope, eliminate repetitive discussions. Incorporating by reference.

• Use categorical exclusions.

NEPA Handbook Appendix 4Categorical Exclusions

H. Recreation Management

1. Issuance of Special Recreation Permits for day use or overnight use up to 14 consecutive nights; that impacts no more than 3 staging area acres; and/or for recreational travel along roads, trails, or in areas authorized in a land use plan. This CX cannot be used for commercial boating permits along Wild and Scenic Rivers. This CX cannot be used for the establishment or issuance of Special Recreation Permits for “Special Area” management (43 CFR 2932.5).

NEPA and Cost Recovery

Use the scoping and screening process to help refine cost recovery:

• What subject matter experts are needed?

• What will be required for pre-event, event and post event monitoring.

• Special services – law enforcement, wild fire protection.

NEPA is your chance to:• Demonstrate the permit would serve the

public interest (Purpose and Need).

• Apply what you have learned from previous, similar types of activities.

• Develop relevant and effective stipulations.

• Provide a framework for monitoring.

INSURANCE – Anyone?

Why require insurance?

1. Protect USA from claims and litigation.

2. Protection of the public.

3. Protection of participants in event of harm.

We do not require indemnification of third parties

INSURANCE – ANYONE?

89

Insurance Documentation• Minimum - official one-page document from

insurance company- US Department of the Interior – BLM listed as

additionally insured (never co-insured)

- Permittee notify authorized officer 30 days prior to modification or termination

- Matches time period for permitted event

- Name of insured matches name on permit

- Meets or exceeds minimum coverage.

Self Insured OrganizationsTypically an agency of the Federal or

State Government. They do not purchase insurance nor cover 3rd parties like BLM.

We require: A letter from the risk manager or other authorized official stating they are aware of the SRP activity, it is an official function and they will stand behind it.

Bonding

1. Protects BLM from incurring costs of resource or facilities damage.

2. Tie to stipulations.

3. Pre and post event documented inspections.

4. Do not bond to protect 3rd party interests.

Bonding

Required for all permits. Good ones are:

• Relevant and Effective.

• Clearly worded declarative statement of what the permittee must do.

“Do or do not. There is no try.” - Yoda• Bind the permittee, not the BLM!

Terms and Conditions of Approval, aka Stipulations

• Able to be monitored for both compliance and effectiveness.

• Enforceable from a law enforcement perspective.

Good Stipulations:

Terms and Conditions, Stipulations

Where do they come from?

Standard 13 from the Handbook page 40. Now printed on forms! Note: Reporting of death, injury orproperty damage >$2,500 has been changed to 24 hours.

Administrative requirements – such as post use due dates, billing cycles, insurance, bonding….

SOP’s, BMP’s things like LNT and TL.

Developed from NEPA mitigation measures. May tie to bonding /reclamations requirements.

• Operating plans are incorporated by reference. Should not be restated in the Stipulations.

• DO NOT REPEAT LAWS, REGULATIONS or provide other, general information.

• Creating duty and standards for the BLM.

• Establishing health and safety standards for permittees. Let them do it in the operating plan.

Terms and StipulationsWhat to Avoid

Form 2930-2. Permit

Current SRP Fees• Minimum, annual SRP fee for all SRP’s except

for Special Area SRP’s is $100.

• Minimum assigned/reserved site fee for commercial use is $200.

• These fees are in effect 3/1/11 through 2/28/2013.

• Minimum competitive and organized group fee is $5. per person, per day.

See WO Instruction Memo 2011-141.

Audits of SRPs

Random audits of a sample of permittees should be conducted regularly on a statewide level.

Such reviews should, at a minimum, include an audit of revenues and visitor use. Independent auditors may be contracted to conduct such work.

If payment or other discrepancies are found, BLM will make an effort to ensure proper payment or permit compliance.

Audits – Lessons Learned

Under payment of SRP fees is a problem.

Over payment is a problem, but much less so.

Revenue Loss to Utah BLM

In Utah, a 10% sample revealed underpayment of $28,500.

Over payments of $184.28 were returned to permittees.

Ratio of over to under payments: $154 to $1

Extrapolated statewide loss = $283,000

Audits – Lessons Learned• BLM is inconsistent in application of policy.

• Basis for fee calculation is not documented in the permit or stips.

• Basis for deductions and discounts not documented in case file.

• Revenue stream is not documented.

• Sloppy record keeping by BLM and permittee.

Audits – Lessons Learned

• Billing system (CBS) not being used or used ineffectively.

• Collecting only the minimum fee up front and balance based on post use report.

• Confusion on net vs. gross.

• Various problems with insurance.

Organize you files if you have not already done so.

Use a Database for tracking and communicating.

Consider a simultaneous application period.

Do things to make monitoring easier. Require marking of vehicles and equipment, pre-trip itinerary… Cross check itinerary with field reports and post use and audits.

Some tips to help manage your SRP workload:

Monitorin

g

SRPs

Monitoring SRPsBefore you go to the field:

1. Know what you are going to monitor.

2. Incorporate available information.

3. The metrics to be used.

4. How you are going to monitor – 100% audit? Sampling? Casual observation?

5. How monitoring will be documented and reported.

If it does not create a record; it is not monitoring.

An observation not documented is knowledge lost.

You Need a Monitoring Plan!

1. Identify stipulation, resources or other items to be monitored.

2. Identify metrics and techniques used for each item or stipulation.

3. Ideally design monitoring to check for both compliance and efficacy of stipulations.

4. Timing: Pre, Post and During

5. If sampling is to be used, identify the sampling size and technique, predetermined points, random GPS locations, every X occurrence, etc.

You Need a Monitoring Plan!continued

6. Assign specific jobs to specific staff!

There was an important job to be done and Everybody was sure that Somebody would do it.

Anybody could have done it, but Nobody did. Somebody got angry because it was Everybody's job.

Everybody thought that Anybody could do it, but Nobody realized that Everybody wouldn't do it.

It ended up that Everybody blamed Somebody when Nobody did what Anybody could have done.

7. Each staff member equipped with: Permit & Stips, NEPA documentation, monitoring plan, camera, tools, PPE.

8. Identify how monitoring is recorded, documented, analyzed and reported.

9. Identify who will receive copies of the monitoring report and the BLM reviewing official.

10. Use results in your next similar action.

You Need a Monitoring Plan!continued

SPR Evaluations (page 47 of Handbook)

1. Every commercial, competitive SRP must have a performance evaluation at least annually. Your option for other permits.

2. No required form or format. Must be written and provided to permittee.

3. Three performance levels – Acceptable, probationary , unacceptable.

4. Unacceptable will result in suspension or termination of the permit.

Decisions, Protests and Appeals

Objectives:

• Identify where corrective actions are required.

• Identify the correct action to take.

• Use proper procedures for criminal actions and civil decisions, protests and appeals.

What are Prohibited Acts? • Failure to obtain a required permit

• Pay the fee for a permit

• **Knowingly participating in event without permit**

• Violation of permit terms and conditions

• Littering

• Destroying vegetation

• Interfering with lawful users of public land

• Molesting livestock (w/o owner’s permission)

• See regulations for complete list

See 43 CFR 2932.57 and 43 CFR 9200

What options are available in pursuing

adverse action?

• Administrative Actions/Civil

• Criminal Actions

• Or Both

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Violation Detected

For Future Event

If not resolvedCivil Action

Violation already occurred

SRP regs RUP Regs

Violator has a permit

Violator has No permit Law Enforcement

Decision Point• Law Enforcement and/or• Administrative Action-LE does not preclude additional admin actions-Admin actions do preclude taking LE actions

Admin Actions• Do nothing, but clarifyyour stipulation, etc• Verbal or written warning• Perform permit evaluationPlace permit in probationor unacceptable perf status• Prepare decision to suspendmodify or cancel permit

Optional

ContactOrganizersTo Resolve

Law Enforcement

Types of Administrative Actions• Choose not take adverse action

• Verbal warning

• Letter of non-compliance

• Permit evaluation

• Suspension

• Decision to cancel or suspend permit.

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Before you initiate an appealable action

Be sure you can demonstrate:

• A violation actually occurred,

• Permittee was informed of conditions, and

• Permittee made a knowing and willful decision to violate these conditions

Decisions• Issuance of a permit, denial of a permit,

suspension or cancellation of a permit are all appealable decisions.

• Interlocutory decisions are not appealable.

• Decisions must detail the action being taken and the rational basis for the action. Do not include extraneous material.

• All claims in the decision must be supported by case file documentation

DecisionsA decision is a nonfiction Story.

All good stories:

• Have a beginning, middle and end.

• Are logically consistent.

• Resolve issues, questions and conflicts.

• Supported by evidence.

Decisions• Writing style: active, declarative,

descriptive, clear & concise, persuasive.

• Decision (BLM’s action(s)), rationale (reasons), appeal procedures.

• Cites applicable regulations/stipulations.

• Decisions to reject future application is not supportable. IBLA

• Appeal procedures – use Form 1842-1

APPEALS• Under Title 43 CFR, Part 4

• Notice of appeal must be sent to AO within 30 days

• Field office sends appeal, decision and case file to IBLA within 10 days

• Appellant files statement of reasons

• Decision to issue permit takes effect immediately.

• All final decisions of AO remain effectively pending appeal

Establishing or Changing Fees

Any changes to fees for recreation use should be accompanied with public participation and outreach.

Fees authorized by FLREA have very specific requirements, the topic of this discussion.

Before going public, Business Plan must be reviewed by WO-250.

Public Participation in Recreation Fees Under FLREA

• Includes: Standard Amenity Fees, Expanded Amenity Fees and Special Area SRP Fees.

Does Not Include• Commercial, competitive, group SRP fees.• Fees for National Reservation Services.• Concessions contracts.• Cost recovery.

New Fee Sites or AreasFR Notice published at least 6 months prior to implementation.

Share with public a plan which includes:

1. Description of the new site/area.

2. Financial analysis including development, O&M cost, and income.

3. Analysis of public and private services in the vicinity that may compete.

4. Description of how you will tell public what you did with the money.

New Fees and Changes to Fees

Use of RRAC’s

FLREA provides for establishment of RRAC’s.

• May substitute an existing RAC.

• If Governor agrees, RRAC not necessary.

• RRAC meetings must be announced at one week prior in the Federal Register.

RRAC Roles & Responsibility

RRAC’s must be consulted and may advise:

1. Establishment or change to standard, expanded or Special Area SRP fee.

2. Elimination of a standard or expanded amenity fee.

3. Expansion or limitation of a recreation fee program.

RRAC Roles & Responsibility

RRAC’s are advisory.

However, if the agency rejects a RRAC recommendation –

The Secretary must file a report with House Resources and Senate Energy and Natural Resources Committees at least 30 days prior to implementing a decision.

Other Public NotificationIn addition to required notifications it is strongly recommended you:

• Reach out to the community of interest, be it a geographic, or user group community. Use your skills in community ecology!

• Package similar proposals for presentation to RRAC and public.

• Incorporate public participation at the planning rather than implementation phase.

• Use an index for routine adjustments and get buy off on the index instead of each adjustment

Public Notification of Fee Program Accomplishments

Must be posted at the fee site or area.

Included in periodic reports to Congress.

In addition, you may:

• Post on office website.

• News releases, dedication ceremony for major accomplishments.

• Report to local tourism officials, local governance.

No one can go back and make a brand new start.

Anyone can start now and make a brand new ending.