Note - nowhere does it say that once a towed in vehicle drives on a roadway does it become a primary vehicle. The only thing the rule says is " Every primary transportation vehicle must have a permit. A primary transportation vehicle is a street legal vehicle used for transportation to the recreation site. A street legal vehicle that was towed to the site and whose sole purpose is to be driven off-road for recreation is not considered to be a primary transportation vehicle."The primary purpose of this
supplementary rule is to set out the
stipulations of the user permit for the
Imperial Sand Dunes Recreation Area.
Any person using the recreation area
must buy a weekly or yearly permit for
the areas described in the above listed
1. A permit is required for all persons
using the Imperial Sand Dunes
2. Permits must be purchased and
displayed within 30 minutes of arrival
in the fee area.
3. Every primary transportation
vehicle must have a permit. A primary
transportation vehicle is a street legal
vehicle used for transportation to the
recreation site. A street legal vehicle
that was towed to the site and whose
sole purpose is to be driven off-road for
recreation is not considered to be a
primary transportation vehicle.
4. Yearly permits are non-transferable.
5. All permits must be visibly
displayed in the front windshield of the
primary transportation vehicle with the
date side facing out.
6. Violations of these or other
regulations relating to the Imperial Sand
Dunes Recreation Area shall be grounds
for removal from the Recreation Area for
the time specified by the authorized
7. All permits are non-refundable and
may be revoked at any time by an
authorized officer if violation(s) occur.
The permit must be surrendered to the
authorized officer upon demand.
8. This permit does not allow the
permittee to camp in excess of 14 days
out of every 28 consecutive days on
public land without moving at least 25
miles away for 14 days.
9. Any directions listed on officially
posted signs shall supersede these
EFFECTIVE DATE: Effective December 17,
1998 and will remain in effect until
rescinded or modified by the authorized
FOR FURTHER INFORMATION CONTACT:
Chief Area Ranger Robert Zimmer,
Bureau of Land Management, El Centro
Field Office, 1661 S. 4th St., El Centro,
CA 92243 (760) 337â€“4407.
SUPPLEMENTARY INFORMATION: The
authority for these rules is provided in
43 CFR 8365.1â€“6. Violation of these
regulations is punishable by a fine not
to exceed $100,000.00 and/or
imprisonment not to exceed 12 months.
Dated: December 9, 1998.
Elayn M. Briggs,
Volunteer Program Specialist.
[FR Doc. 98â€“33424 Filed 12â€“16â€“98; 8:45 am]
So as long as the primary purpose of that vehicle is for off road recreation it does NOT require a pass. There's no mention at all of any other secondary purpose (such as driving on a road or even leaving the area to get supplies) changing the status of the vehicle in question.
This is the 1998 supplementary rule (see my signature link) defining the rules for DEMO Fee. I am not familiar enough with FLERA to know if this would have been grandfathered or if the BLM would have had to create new supplementary rules under the FLERA. The BLM's favorite "43 CFR 8365.1â€“6." does NOT give them the authority to create fees. In fact other parts of 43 CFR specifically say that they are NOT allowed to create fees. The only reason they are now allowed to charge fees are because FEE DEMO and then FLERA superceded 43 CFR and created new requirements for enacting fees.
And...in order for a supplementary rule to be valid it must meet certian conditions (again see my sig for the link to the full CFR) For one the rules "These rules may provide for the protection of persons, property, and public lands and resources." That's the ONLY thing they can be used for. The BLM would probably make a case that the fee is there to protect the resources...but they have never said that officially so I'm not sure how well that would stand.
Further. There are requirements of notification on these rules when they are created. In addition to being available upon request at the BLM office they have to be published in the federal register (which is what was sent to Jerry) the have to be published in a "newspaper of general circulation in the affected vicinity, or be made available to the public by such other means as deemed most appropriate by the authorized officer"....and the biggie "The rules shall be posted near and/or within the lands, sites or
I've NEVER seen the text of the supplementary rules posted anywhere at the ISDRA. They have kiosks they could use to do so but I've never seen any such rules posted. The CFR does not say that they only have to be posted when enacted - it says that they must be posted...period.
What I suspect though....is that this is not even accurate.
I suspect that new supplemental rules were enacted when the FLERA was passed...and as usual the BLM has no clue what they're doing and sent the wrong thing.
It's also interesting to note...this says that the passes are required for each person AND that they are non-transferable. Even though they've always been treated as being needed per vehicle not person and they say on them that they're "non-transferable - while at the ISDRA".
But again I'm pretty sure that this 1998 document the BLM provided is NOT what is currently in effect and that there is a newer definition (after all they made another supplementary rule after this enlarging the fee area and again spelling out the rules for passes.)
There's a LOT wrong here. The problem is because the BLM is unwilling to fight for the funding through proper sources too many people are afraid to challenge the legal issues surrounding the improper use of "SRP's" and blatant abuse of the CFR in my signature because they fear of what the BLM would do without user fees.
Frankly I think that's the ONLY way the BLM will ever do their job and seek funding through the proper channels instead of looking to tap the pockets of users and rely on unreliable grants to fund themselvs. The BLM only seems to respond to things in the proper way when all other options have been taken away from them. It's time to start taking those other options away if they're not being used properly.