OMRA Legal News 
OMRA Legal News
AMA Action Alert - Forest Service Proposes to Broaden Permit Requirements
SITUATION
In
a proposed amendment to existing regulation, the US Forest Service is seeking to
clarify categories of activities for which a special use permit is required and
to require permits for activities that, until now, haven’t required special
authorization.
While
many enduros, trail rides and dual-sport events are
currently operating under special use permits; other motorized events do not
require special authorization. Currently, events that are confined to Forest
Service roads and trails or are noncommercial in nature generally do not require
special authorization. However, under the proposed rule any recreation activity
for which an entry or participation fee is charged would be treated as a
commercial use and would require a permit.
The
special use permit would be required whether the event is promoted by a business
or a nonprofit organization and would cost between 3 and 5% of an event’s
gross receipts. Concurrently, the Forest Service is experimenting with
individual user-fees through the Recreation Fee Demonstration, or fee demo,
program. The proposed rule does not explain how special use fees would work with
individual user-fees -- offering no guarantee that riders won’t be charged
twice for the same event.
The
Forest Service also wants to require permits for large “noncommercial
groups”. A group ride of 75 or more participants would require special
authorization, even if no entry or participation fees are charged.
In
addition to the added paperwork and fees, special event permits may also lead to
additional insurance requirements. While most formally organized events, such as
an AMA sanctioned enduro, are already insured,
permitting may require insurance for informal events as well. Insurance for
informal, or unsanctioned, motorized recreation events is increasingly difficult
to acquire and may prove an insurmountable obstacle for event promoters.
Furthermore,
the proposed rule does not indicate how the expanded permit program is to be
administered at the local-forest level. Nor does the proposal guarantee that
local forests are capable of efficiently processing permit applications.
WHAT
TO DO
Concerned
motorcycle and ATV enthusiasts should comment on the proposed rule by
Direct
comments to:
USDA
Forest Service
Attn: Director of Recreation, Heritage and Wilderness
Resources (2720)
Mail
Stop 1125
Or
via email: rhwr_rule@fs.fed.us
This
information can also be found on www.AMADirectlink.com
in the AMA Rapid Response section.
FOR
FURTHER
INFORMATION
Contact