Congressman Doug LaMalfa introduces GO Act to make it easier for OHV groups to obtain special use permits.
The following was sent to us from the BlueRibbon Coalition via Rep. Doug LaMalfa’s (R-CA) introduction of the GO Act:
Washington, DC– Rep. Doug LaMalfa (R-CA) announced that he has introduced the Guides and Outfitters Act (GO Act), H.R. 5129. The GO Act will continue to make recreation services available to the public and renew the authorization for outfitter and guide permits while eliminating bureaucratic red tape. The measure also caps permit fees, prevents federal agencies from imposing fees outside of federal lands, and provides categorical exclusions for previously studied uses to eliminate duplicative studies that delay permits.
“I’m proud to introduce the GO Act, making it easier for guides and outfitters to help Americans enjoy their public lands,” said LaMalfa. “Guides and outfitters should not have to navigate arbitrary rules, inconsistent practices, and unresponsive federal agencies. The current process is just too expensive and too complicated.
“Streamlining the recreation permitting process with the GO Act will lead to more recreation opportunities for the public,” LaMalfa added. “The GO Act is consistent with my commitment to increasing public access to public lands, ensuring federal agencies are responsive to the communities in which they operate, and removing unnecessary bureaucratic red tape.”
Don Amador, Western Representative for the BlueRibbon Coalition, which champions the responsible use of public lands and waters for all recreationists, released the following statement:
“Congressman LaMalfa should be commended for his efforts to streamline the process for special recreation permits. Over the years, a growing avalanche of complex rules, regulations, and court decisions have driven up the costs and fees charged by federal agencies to local OHV clubs, outfitters and guides, and other recreation groups for special use permits. This important legislation will help ensure that public lands remain available for various recreational group activities.”
For more background on BRC’s position regarding this issue, the following is a summary from the BRC Special Issue Site:
Summary
The recreation permit process as currently implemented on Bureau of Land Management (BLM) and U.S. Forest Service (FS) managed lands is overly bureaucratic, expensive for both agencies and the public, and often applied in an unfair and arbitrary manner. Efforts to encourage the agencies to modify and streamline the process have failed, even when those efforts were supported by agency policy. The current SRP process no longer serves the public interest or supports the goals and objectives of land use planning. The recreation permit process must be revised.
BRC is appealing to legislators to pass a bill that will modify and streamline the Special Recreation Permit / Special Use Permit to better serve the public interest and support the goals and objectives of land use planning. We believe legislation is necessary to increase efficiency and efficacy of the process to permit various recreation activities on public land and National Forests. Specifically, this legislation will direct the Secretary of Agriculture and the Secretary of the Interior to make the following changes:
•Historic and regularly permitted events held by non-commercial clubs or organizations that occur on roads, trails and areas designated for public use should be approved based on prior or expedited analysis, so that little or no new analysis is required for the permit process.
•Nonprofit clubs should be recognized as distinctly different from commercial operations, outfitter and guide businesses, ski areas, and other private for-profit enterprises.
•Recognizing that increased level of partnering with public lands users will become necessary as budgets tighten, there is a need to leverage the resources available from clubs and organizations that hold events on National Forests and Public Lands. Competitive event SRP applicants should be credited for work performed, such as trail maintenance, and the credit applied towards any “cost recovery” fees.
•Currently, cost recovery is not required if the permit can be authorized with no more than 50 hours of staff time. 49 hours is free, but 51 hours is billed at 51 hours. The first 50 hours should be free, regardless of the total number of hours.
Background Information
On October 31, 2002, the Bureau of Land Management formally amended its Special Recreation Permit (SRP) regulations. BLM’s news release stated:
The Special Recreation Permit Fees do not affect members of the general public who wish to visit their public lands. Such casual users will continue to be able to use the public lands for recreation free of charge. The BLM issues Special Recreation Permits only for labor intensive activities and events conducted in BLM areas where irreversible and/or substantial resource damage could occur or there is concern for public health and safety. The fees therefore apply to competitive activities and events, such as endurance races, off-highway vehicle races, dog sled races, land sailing competition, and Eco-Challenge. Special Recreation Permits may also apply to organized group activities or events, such as the Burning Man, mountain man rendezvous, amateur rocket and hot air balloon events, and/or large social gatherings of reunions, religious groups, or large youth encampments, such as Boy and Girl Scouts, and the Campfire Girl.
BLM’s implementation of its SRP regulations has extended far beyond — and is inconsistent with — this intent. Contrary to their published statements, many BLM offices have required an SRP for groups of 2 or more persons that issue any sort of public announcement of any type of gathering on public lands. Many new land use plans require a permit for any group over 25 “heartbeats.”
Over the years, even the most well meaning recreational users have attempted to comply with the regulations and run up against a process that is arbitrary, overly bureaucratic and costly.
Recreation permits are supposed to be a tool for managing recreation use; reducing user conflicts; protecting natural and cultural resources; informing users; gathering use information; and obtaining a fair return for commercial and certain other uses of public land.
The permitting process has become so complicated and costly that most “nonprofit club events” simply cannot comply with the requirements. In addition, historic and popular competitive events that have been occurring without problems have recently been subjected to arbitrary fees. In some areas, the application process to obtain an SRP is being used to prohibit and/or severely restrict otherwise allowable activities. Even where internal solutions are proposed by regulation or individual units, they have been challenged or applied inconsistently. A legislative solution is needed.
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