43 C.F.R. § 2931.3

What are the authorities for these regulations?

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The statutory authorities underlying the regulations in this part are the Federal Land Policy and Management Act, 43 U.S.C. 1701 et seq., and the Federal Land Recreation Enhancement Act, 16 U.S.C. 6801 et seq.

(a) The Federal Land Policy and Management Act (FLPMA) contains the Bureau of Land Management's (BLM's) general land use management authority over the public lands, and establishes outdoor recreation as one of the principal uses of those lands (43 U.S.C. 1701(a)(8)). Section 302(b) of FLPMA directs the Secretary of the Interior to regulate through permits or other instruments the use of the public lands, which includes commercial recreation use. Section 303 of FLPMA authorizes the BLM to promulgate and enforce regulations, and establishes the penalties for violations of the regulations.

(b) The Federal Land Recreation Enhancement Act (REA) authorizes the BLM to collect fees for recreational use in areas meeting certain criteria (16 U.S.C. 6802(f) and (g)(2)), and to issue special recreation permits for group activities and recreation events (16 U.S.C. 6802(h).

(c) 18 U.S.C. 3571 and 3581 et seq. establish sentences of fines and imprisonment for violation of regulations.

[72 FR 7836, Feb. 21, 2007]
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: Black Rock City LLC v. Bernhardt (D.D.C. 2022).
Black Rock City LLC v. Bernhardt (D.D.C. 2022). “Pursuant to the above statutes, see 43 C.F.R. § 2931.3 , the Bureau has promulgated regulations that govern both the issuance of special recreation permits and the determination of corresponding fees, see id.”
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