Cycle News - Archive Issues - 1970's

~ Q. N '" '" 15. " Ul [@ W Z The De!IJrt Belongs to the Govt. and the Rabbits, Not You! At last the Bureau of Land Management has come up with final instructions and the appropriate forms for off-road usage of public lands. The outlined material below is the instructions to public officials for the administration of BLM lands and for the use of the appropriate forms, which follow in the text. One can't help but run agmtlnd when reading the insurance regulations, but come to your own conclusions and do something about it! This is not the draft. W ...J U >- U All off-road vehicle events where more than 25 vehicles compete on a defined course require a special land use. permit and are subject to the following_ procedures beginning September 18, 1972 INSTRUCT ; MEMORANDUM o N NO. 04-72-1~ 1. District Actio.ns and Guidelines A. Inform user groups of new procedures. To help explain f"es, which will be deposited in a special account as set forth in I.M. 72-307, you may refer to Public Law 92-347 for detailed regulations and authority. B. Use the current SLUP form (2920-1). Districts may issue their own special instructions to applicants regarding questions 1-8 on Form 2920-1. Give each applicant a sample completed permit to advise him of typical stipulations. Inform him of BLM staff member with whom he will be dealing. C. (Optional) Hold publicized pre-season mee tings to allow user groups to reserve traditional dates and areas Of, as an alternative, you may allow "first come" reservations not less than 80 days or more than 8 months in advance of the even t. D. Rejection of applications may be considered, for instance, because of 1. Incomplete information. 2. Conflicts with exisiting authorized us~. 3. Unacceptable, significant damages to natural cultural or aesthetic values. -- E. A t your discretion, notify local law enforcemen t offices when per!l!its are issued. It is the permittee's responsibility. (1 tem 7, Appendix 2). F. Consid~r c;.ontacting other iilVolved agencies, though that burden also rests with the permittee. C. On-site inspections should be made before even ts to be sure all pre-even t condi tions are met. H. Inspection fO'r compliance with permit stipulations should be made while the event is in progress. 1. .The permittee may be invited, but not required, to attend a post event inspection. J. Where events cross district boundaries, send the neighboring district a copy of applications. If mutually agreeable, one SLUP may be issued with each office supply its' own special stipulations. K. When concrete information IS received indicating even ts will be conducted withou t permit, where permits would normally be required, District Managers should get the name of the organizer, date of the activity, approximate number of persons expected, and location. This information should be forwarded to the SoHctor's Offic~ with a request that the Solicitor obtain a temporary restrai.ning order against the conduct of the activity. If it can be proven that an individual or organization has, in the past, conducted activities on the public lands without a permit it is possible to obtain a permanent injunction against this individual or organiza.tion, preventing him or it from conducting any activi ty on the public lands without a permit. Therefore, the past history of the relations between the individual or organization and BLM should also be supplied when :l request for a temporary restraining order is made. HANG TOGETHER - - - - - - - - - - - - - - - On July 12, Presiden t Nixon signed into law PL 920-347 permitting entrance fees only to the National Parks and the National Recreation Areas and forbids any of the other agencies to charge "admission" or "entrance" fees to lands administered by them, these other agencies must charge fees for the'·"use" of "specialized sites, facilities, equipment or services furnished at Federal expense." They must charge the fees, and neither a Golden Eagle nor Golden Age pass does anything for you. This is where the sad litany begins: in California, for example, campsites, up to $4; picnic sites up to $1, per person fees for group camping, fees for boat launching areas, for lockers, for bathhouses, and a new one that the California Director for the BLM has apparently been selected to run up as a trial balloon: a daily fee for "special purpose vehicles." . What is a "special purpose vehicle"? How would we know? All we know is what Lewis Garrol had to sayan this business of defining words. Perhaps you remember the following from "Through the Looking Glass": "When I use a word," Humpty Dumpty said, in a rather scornful tone, "it means just what I choose it to mean neither more nor less." "The question is," said Alice, "whether you can make words mean so many different things." "The question is," said Humpty Dumpty, "which is to be master - that's all." So far, the Gal-8tate Director of the BLM O. Russell Penny) hasn't told anybody yet what a special purpose vehicle is_ Well, not quite: he has told the motorcycle clubs that he plans to put them in his. trial balloon first. But only if they are involved in "competitive events" and only if those involved more than 25 people and only if the event is run over a defined course. Apart from the fact that none of this is any sort of a definition for any sort of a vehicle, none of it., of course, is in the law. What it is, most certainly, is Humpty DL\mpty at work. Our guess as we write this is that a lawsuit is on the horizon. We aTe inclined to think that it would be a good' thing if the motorcyclists did get their back up and bring such a suit, because we have a hunch that the first thing you know, Humpty Dumpty is going to say that campers and trailers are Hspecial purpose vehicles." Then, just in case you don't also ride a motorcycle, you too can reach for your wallet to pay for the use of your land, regardless of the fact that the government may have done nothing to provide any special facilities only for which, as we read the law, is the government permitted to make'a charge. Taxation without representation provoked our revolution, of course; taxation with representation has since become outrageous; now with this nonsense we are facing taxation without law, which is simply illegal. Wonder what that will lead to? 'Maybe - just maybe - this is the sort of thing that will convince all who participate in outdoor activities that they have a common interest - and now a common enemy. The 4WD's, the dune bL\ggies, the rockbounds, the camper clubs and everyone of the some 75 different outdoor activities that are listed by CORL's members - all have just as much to lose from Director Penny's proposals as does any motorcycle group. Hanging together, if nothing else, ought to be at least as much fun as hansing separately. The above diSCUSSion Is from the California. Outdoor Recreation League, a non.profit voice for outdo'or recreationists located at 4264 E. Florence Ave., Bell, California. L. After each even t, official files should contain all records, applications, permits, etc. Include, in addition 1. Notes on field investigations or . compliance checks. 2. Status of the permittee's obligations (have all been sattsfied?) . 3. Recreation use fees received? 4. Bond or the security released? 5. Case closed----(date)---6. A brief evaluation of procedures, fees, etc. from the ,District's point of view, to be analyzed in preparing a manual supplement to replace this instruction memo. M. Collect fees within 10 days after the even t. You may wish to establish accuracy of the reported gross receip ts by requesting the promoter's official records. Inciden tally, the bond, or other security, must be, large enough to cover anticipated fees and may be held until such fees are paid by the permittee. The minimum bond or security is $300.00. II. Applicant (Permittee) Actions A. Submit a complete application at least 80 days before the proposed event. The District Manager will reply within 20 days, giving notice of preliminary requirements (including evidence o.f permission of private landowners, bond, insurance, a list of law enforcement and other agencies notified, and other special conditions). Then, if a permit is gran ted, the District Manager will issue it within 10 days. Thus, from the time of application, 50 days are required for processing before a permit can be issued. And the permit will be gran ted a minimum of 30 days before the event. B. Submit two copies of required maps with applications. BLM will return one copy to the applican t, after necessary chaJ;lges, and will make copies to in form concerned parties. III. Appendices to Form 2920-1 A. Inadequacies of the present SLUP form dictate the need for additional information from applicants as given in Appen.dix 1 (attached). B. Item 15 (Special Conditions) on Form 2920-1 must include the stipulations in Appendix 2 (attached). Examples of other stipulations that could be added are spark arresters, roll bars, safety harnesses, flags on vehicles, restricting traffic in in termitten t stream beds, etc. C. AfteT the event, the permittee must convey to the District Manager the requested it",ms in. Appendix 3 (attached). SPECIAL CONDITIONS (1) The permittee shall furnish a performance bond or other security or guarantee of performance deemed satisfactory by the District Manager (with exact amoun t and type of security set at the District Manager's discretion, depending upon the size of the event, potential damages, and other factors) in the amount of $. Such bond or security must be made in . favor of the United States and shall insure the faithful performance of all terms and conditions of the permit, including the payment of all fees required under 'this agreement. (2) The permittee shall indemnify, defend, and hold harmless the United States and/or its agencies and representatives against and from any and all demands, claims, or liabilities of every nature whatsoever including bu t not limi ted to damages or property, injuries to or death of persons, arising directly or indirectly from, or in any way connected with, the permittee's use and occupancy of the lands described in this permit or with the event authorized under this permit. ~ (3) The permittee is required to maintain comprehensive liability insurance covering its operations under the permit in the following minimum amounts: (a) $100,000 for bodily injury to any one person and $300,000 faT any one occurrence. (b) $10,000 for property damage for anyone occurrence. (c) The permittee shall cause the United States to be named as an additional insured under this policy and shall submit a certificate from an insurer that such insurance has been obtained, is in force, and that the insurer will give the United States ten days prior to cancellation or modification of such insurance. (4) The permittee agrees to assume responsibility for public safety and health during any phase of this event. This may, at the District Manager's discretion, include any of the. follow ing req uiremen ts: (a) Monitors for spectator control. (b) Safety patrolmen on' the competitive course. (c) Adequate sanitary faoilities. ' (d) Trash receptacles to handle expected need. (e) First aid, retrieval and evacuation facilities proportionate to the size of the even.t. (I) Ample communication facilities on site to coordinate the event safely and to cope with emergencies. (5) The permittee must pay the United States a recreation use fee of 10% of gross receipts of the event (income from the operation of the event before deducting costs such as prizes, taxes, insurance, etc.; and to include income from participan t and spectator fees, food and beverage concessions, etc.); or $1.00 per rider event*, whichever is greater. This recreation use fee will be prorated on the percent of the course traversing public land. There is a $10.00 minimum fee for all events. Fees are subject to regulations and authority set forth in Public Law 92 -347. (6) The permittee must certify lbat permission has been obtained from all private landowners whose property is affected by the even t's route, acce-ss, pits, parking or any other action associated with the event. A Jist of the landowners contacted must be submitted to the District. Manager. It is also the permittee's responsibility to contact other agencies whose lands may be involved. (7) The permittee must notify local law en.forcement and other public agencies involved, and submit to the District Manager a list of the contacts made. Include agency name, individual contacted, address and phone number. (8) The permittee assumes responsibility to confine participating vehicles to the marked course. (9) The permittee will take every reasonable precaution to· protect significant natural resource values, cultural or historic objects, aesthetic values, and any improvement on the public lands involved. Any governmen t-ew ned structures, property, land, or resource harmed or' damaged by the permittee, participants, or spectators associated with the p.ermitted use shall be reconstructed, repaired, rehabilitated, and restored as may be required by BLM within 30 days after the even t so that the condition thereof in the judgment of BLM is at least equal to the condition thereof immediately prior to such damage or destruction. Permittee further shall abate as soon as practicable, any condition existing which may cause harm or damage to any person, structure, property, land, stream, or wildlife. (10) The permittee is also responsible for litter clean-up and removal of route markers. Bond or security provided by the permittee will remain in force as long as necessary to insure compliance with all stipulations in this permit, including recreation use fees. (Il) The permittee will distribute written instructions or will hold a pre-race briefi)'lg at the site to inform participants of routes, regulations, safety procedures and other necessary directives. (12) I'. the permittee does not attend the event himself, he will notify the District Manager of his substitute's name and planned headquarters for the event. (13) The permittee will, within 10 days after the event, write to the District Manager and convey the information requested in Appendix 3. 'Rider Event - One rider (or vehicle) riding in one event not exceeding any port.ion of two daylight periods. .

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