1966 Regulations The 1966 regulations did not provide any specific criteria for selection of designated areas. This followed primarily from the fact that the conditions of use of the annual permit were changed so that there was little need to distinguish between areas where it would and would not be valid. New regulations for the annual permit provided that it would be valid for the purchaser only, regardless of such person's mode of transportation. In addition, persons accompanying the purchaser of the annual permit in a private noncommercial vehicle were admitted to designated areas commonly entered by automobile without further charge. The intent of the change was to provide an incentive to purchase the annual permit by allowing the purchaser to use it at walk-in areas in the same manner allowed at areas entered by automobile. Fees for daily permits were standardized in the 1966 regulations. A fee of $1.00 per day would admit the purchaser to a designated area regardless of his mode of transportation and would also admit persons accompanying the purchaser in a private noncommercial vehicle. A fee of $0.50 per day was available for individuals entering designated fee areas by means other than by automobile. The greatest regulation change in 1966 was in the short-term permit. Temporary permits were made valid for 30 consecutive days at the area listed on the permit. For a fee of $3.00 to $6.00, a person could cotain a permit which would admit the purchaser regardless of his mode of transportation and, in addition, was valid for persons accompanying the purchaser in a private noncommercial vehicle. A fee of $1.50 to $3.00 was offered for individuals wishing to erter areas by means other than a private motor vehicle. As previously noted, the user fee regulations remained essentially unchanged from 1965. The 1966 regulations contained some new features not found the previous year. A new Section 18.6 provided: " (a) "(b) The Director, BOR, shall issue...instructions with All annual permits shall be validated by the signatures of their owners [and] shall be nontransferrable. "(c) Each permit shall be kept on the person of its owner This section was intended to clear up problems related to handling of permits by the agencies as well as the public. Instructions were needed to assure that permits would be available when needed and for fiscal control for the annual permits. Conversion of the annual permit from a bumper sticker served to make the purchaser accountable for its proper use after sale. Use of permits by persons other than the proper owner has been substantially reduced though not eliminated. Another new section provided criteria for determining the length of the recreation season. As in 1965, the head of the administering agency actually set the recreation season when fees would apply for each area under his administration. However, the regulations provided that the season, "...should be of sufficient length to include all heavy visitations, especially weekend visitation, regardless of the month of the year in which it occurs." It is most important that the public be properly notified if it is expecting to willingly pay a fee at a particular recreation area. A new Section 18.11 required that the agencies notify the public both with regard to the specific recreation fees and the recreation season during which payment would be required for areas under its administration. Such notification was required both by posting of information at each area and by local public announcements, press releases, and other suitable means. New regulations were not the only step taken to improve fee program administration in 1966. Between January 15 and April 29, four coordination memoranda were issued by the Bureau of Outdoor Recreation as supplemental guidelines for the administering agencies. Coordination Memorandum No. 2 defined certain terms relating to the fee program and established a procedure for the annual compilation of designated fee area directories. Coordination Memorandum No. 3 provided guidelines on training of personnel engaged in fee collection and required a report to be made to the Bureau on the training efforts of the administering agencies. Coordination Memorandum No. 4 provided that members of the purchasing family could use the annual and temporary permits for motor vehicle entry to designated areas regardless of which member signed the permit, that offering 30-day permits would be optional with the administering agency, and that one-day permits used for overnight camping would be valid for a reasonable time the following day to allow for the camper's exit. Coordination Memorandum No. 6 provided information on production, distribution, sales, and accountability reports required for the various Federal recreation area permits. 1967-1968-1969 Regulations The regulations issued for the 1967 recreation season were allowed to remain in force during 1968 and 1969. The regulations were not revised because of a desire to maintain a stable program; because the regulations were much more adequate than previous versions; because in 1968, the agencies wished to avoid changes which might prove to be inconsistent with congressional amendment of the basic program authorities; and in 1969, because there seemed to be little advantage to amending the regulations since repeal to the basic authorities had already taken place, effective March 31, 1970. The 1967 regulations continued to allow use of the annual permit by the purchaser regardless of his manner of entering designated fee areas and to permit entry of all persons accompanying the purchaser in a private noncommercial vehicle to designated fee areas commonly entered by such vehicles. This system of use was thoroughly discussed by all agencies involved in the fee program. It was finally decided that those who attempted to use the permit on other than an individual basis at walk-in areas could be made to understand the permit's conditions of use through better public education efforts. This expectation proved to be wishful thinking. As a practical matter, fee collection personnel at areas commonly entered on a walk-in basis soon began to accept the annual permit as being valid for all members of a family. Fees for persons purchasing daily permits remained at the 1966 rates of $1.00 for private noncommercial vehicle entry and $0.50 for entry by an individual by all other means. The fee for a short-term permit was again changed. The regulations provided for a permit selling at $3.00 to $5.00 for a period not to exceed six months. Actual price and duration of the permit were permitted to be set by the administering agency. The regulations, as issued, made it optional with each agency to offer a short-term entrance permit. In practice, only the Corps of Engineers has had such a permit priced at $3.00 for a period of six months. Several new or substantially revised provisions were added to the 1967 regulations. In the hope of obtaining greater consistency in designation practice, a section containing designation criteria was included. The criteria established were that: (1) the area had to be administered by one of the agencies specified in the Land and Water Conservation Fund Act; (2) the area had to be administered primarily for scenic, spientific, historical, cultural, or recreational purposes; (3) recreation facilities or services had to be provided at Federal expense; and (4) the collection of fees had to be administratively and economically feasible. As issued originally, the regulations contained a statement of presumption that fee collection would be administratively and economically feasible whenever the annual visitation exceeded 6,000 visitor days. This statement was eliminated before the regulations became effective in order that the Corps of Engineers might use other supplemental criteria which would result in their designating a much smaller number of areas. Another new section in the regulations required the use of a new, standard "U.S. Fee Area" sign. Specifications for reproduction of this sign are included on the following page. Use of the standardized fee sign has helped visitors to quickly recognize areas where fees must be paid. In addition to the standard fee sign, the agencies must post an information sign, "...of attractive design, easy readability and suitable permanence, showing where applicable, fee options for entrance or admission; whether user fees are charged, and similar appropriate information." The 1967 regulations provided that designation of fee areas would be on a yearly basis. The administering agencies were required to: "...provide for the collection of fees at every Designated In spite of this section, fees were actually collected in many areas only between Memorial Day and Labor Day. High levels of visitor use and the availability of summer temporary employees combine to make fee collection feasible during this period. Strict enforcement has proven to be necessary to obtain compliance with fee regulations. This fact was recognized by the time that the 1967 regulations were drafted. However, there is no enforcement authority in the Land and Water Conservation Fund Act. The regulations simply provide that the administering agencies, "...shall use such legal means at their disposal to collect fees...and to enforce these fee regulations." |