Page images
PDF
EPUB
[blocks in formation]

A transcript shall be made of the oral evidence given in a hearing. Transcripts of testimony in hearings will be supplied by the official reporter to the parties and to the public at rates not to exceed the maximum rates fixed by contract between the Department and the reporter. Upon notice to all parties, the presiding officer may authorize corrections to the transcript which involve matters of substance.

§ 17a.17 Record for decision; record to be public.

The transcript of testimony, exhibits, and all papers and requests filed in the proceedings, shall constitute the exclusive record for decision and may be inspected and copied.

[blocks in formation]

the head of a bureau or office. In instances in which the record is certified to the head of a bureau or office or he reviews the decision of a hearing examiner, the head of the bureau or office shall give the applicant or recipient a notice of certification or notice of review which specifically informs the applicant or recipient that, within a stated period, which shall not be less than 30 days after service of the notice, he may file briefs or other written statements of his contentions.

§ 17a.19 Final review by Secretary.

Paragraph (c) of § 17.9 of this title requires that a final decision of the head of a bureau or office which provides for the imposition of any sanction be promptly transmitted to the Secretary, who may approve or vacate any such decision or remit or mitigate any sanction imposed. The head of a bureau or office shall notify the applicant or recipient of the date upon which he submits such a decision to the Secretary. The applicant or recipient shall have 20 days following service upon him of such notice to submit to the Secretary exceptions to the decision and supporting briefs or memoranda suggesting remission or mitigation of the sanctions proposed. The bureau or office shall have 10 days after the filing of the exceptions and briefs in which to reply.

[blocks in formation]

Service shall be made by personal delivery of one copy to each person to be served or by mailing by first-class mail, properly addressed with postage prepaid. When a party has appeared by attorney or other representative, service upon such attorney or representative will be deemed service upon the party.

§ 17a.21 Date of service.

The date of service shall be the day when the matter is deposited in the U.S. mail or is delivered in person.

§ 17a.22 Certificate of service.

The original of every document filed and required to be served upon parties to a proceeding shall be endorsed with a certificate of service signed by the party

[blocks in formation]

A request for extension of time should be made to a hearing examiner or the head of a bureau or office with respect to matters pending before him. Such a request shall be served on all parties and set forth the reasons for the request. Extensions may be granted upon a showing of good cause by the applicant. From the designation of a hearing examiner as presiding officer until the issuance of his decision, such requests should be addressed to him.

§ 17a.25 Computation of time.

In computing any period of time under the rules in this part, the period begins with the day following the act or event and includes the last day of the period unless it is a Saturday, Sunday, or Federal legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or Federal legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and Federal legal holidays shall be excluded from the computation. § 17a.26

Parties.

An applicant or recipient to whom a notice of hearing or a notice of an opportunity for hearing has been mailed shall be a party to the proceeding, as shall the bureau or office administering the Federal financial assistance with which the proceeding is concerned. An

individual who is a party may appear in person or by counsel in any proceeding. Individuals also may appear in a representative capacity as provided in the regulations on Practice Before the Department of the Interior in Part 1 of this title. § 17a.27 Complainants not parties.

A person submitting a complaint pursuant to paragraph (b) of § 17.6 of this title is not a party to the proceedings governed by this part.

§ 17a.28 Suspension of rules.

Upon notice to all parties, the head of a bureau or office or the hearing examiner may, with respect to matters pending before him, modify or waive any rule in this part if he determines that no party will be unduly prejudiced and the ends of justice will thereby be served.

[blocks in formation]

Management, the Bureau of Sport Fisheries and Wildlife, the Bureau of Reclamation, the Forest Service, the Corps of Engineers, the Tennessee Valley Authority, and the U.S. Section of the International Boundary and Water Commission (United States and Mexico) shall be selected from the schedule of fees according to the criteria set forth in this part.

§ 18.2 Designation.

(a) The heads of the administering agencies and departments listed in § 18.1 shall at least annually review all areas under their respective jurisdictions to determine:

(1) Whether any additional areas should, in accordance with the designation criteria prescribed in this section, be designated as areas at which recreation fees shall be charged;

(2) Whether the recreation fee for an area therefore designated should be increased or reduced; or

(3) Whether the designation of an area as one at which fees shall be charged should be eliminated.

(b) An area or closely related group of areas shall be designated as an area at which fees shall be charged (hereinafter referred to as Designated Fee Area) and fees shall be charged if the following conditions are found to exist concurrently:

(1) The area is administered by any of the eight agencies specified in § 181;

(2) The area is administered primarily for scenic, scientific, historical, cultural, or recreational purposes;

(3) The area has recreation facilities or services provided at Federal expense; and

(4) The nature of the area is such that fee collection is administratively and economically practical.

(c) In addition to the conditions listed in paragraph (b) of this section, the following conditions shall apply to designation of recreation fee areas under the direct administration of the Corps of Engineers:

(1) User fees shall be charged only for use of highly developed facilities requiring continuous presence of personnel

[blocks in formation]

(a) The heads of the administering agencies and departments shall provide for the posting of designation signs as prescribed in this section at all entrances to Designated Fee Areas in a manner such that the visiting public will be clearly notified that recreation fees are charged therein.

(b) All Designated Fee Areas shall be prominently posted with at least one 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.

(c) All Designated Fee Areas where the annual permit prescribed in § 18.4 (a) is valid shall be posted with an additional sign as ind'cated in the rendition below with the following characteristics:

(1) Be constructed of enameled steel, coated aluminum, silk screen reflective material attached to wood or metal, or other permanent materials;

(2) Consist of the basic elements, proportion, and color as indicated below;

(3) The color midnight blue shall be Pantone Matching System 282; the color gold shall be Pantone Matching System 130;

(4) The rounded triangle shall be 18 inches in vertical height at all Designated Fee Areas, except that at those areas entered only by foot, the rounded triangle may be nine inches in vertical height;

(5) Contain the words "U.S. Fee Area" as indicated below.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
[blocks in formation]

There shall be two general types of fees: Entrance or admission fees and user fees. There shall be two types of entrance or admission fees: A fee for an annual permit and a fee for a daily permit. § 18.5

Fee for annual permit.

(a) The annual permit shall be valid on a calendar year basis at all Designated Fee Areas at which entrance or admission fees are charged. The fee for the annual permit shall be $10 for the calendar year 1971.

(b) The annual permit shall admit the purchaser, members of his immediate family (spouse and children), and all other persons accompanying the purchaser and/or members of his immediate family in one private, noncommercial vehicle to Designated Fee Areas commonly entered by such vehicles where entrance or admission fees are charged during the period for which the permit is valid. In addition, the annual permit shall admit the purchaser and/or members of his immediate family to Designated Fee Areas where their means of entry is other than by private, noncommercial vehicle.

(c) "Private, noncommercial vehicle," for the purposes of this part, shall include any passenger car, station wagon, pickup, camper truck, motorcycle, or other motor vehicle which is conventionally used for private recreation purposes by a family.

§ 18.6 Fees for daily permits.

(a) For those who choose not to purchase the annual permit, there shall be

two fees for daily permits charged at Designated Fee Areas where entrance or admission fees are charged: One applicable to those entering by private, noncommercial vehicle and one applicable to those entering by any other means.

(b) The fee for a daily permit applicable to those entering by private, noncommercial vehicle shall be $1 to $3 per vehicle per day at the discretion of the heads of the administering agencies or departments. The daily permit shall be valid only at the one Designated Fee Area for which it is purchased. The daily permit shall admit, without further payment, the purchaser and all who accompany him in a private, noncommercial vehicle for a single visit or series of visits during its period of validity.

(c) The fee for a daily permit charged at Designated Fee Areas, applicable to those entering by any means other than private, noncommercial vehicle shall be $0.50 to $1.50 per person per day and shall be valid only at the one Designated Fee Area for which it is purchased.

(d) Any of the permits provided for in paragraphs (b) and (c) of this section shall be valid for a single visit or series of visits to the Designated Fee Area for which it was purchased during the same calendar day for which it was purchased. In addition, at areas in which overnight use is permitted, such permits shall be valid for departure only until noon of the day following purchase, except as otherwise posted.

§ 18.7 Validation and display of entrance permits.

(a) Every annual permit shall be validated by the signature of its owner on the face of the permit at the time of its receipt.

(b) All annual and daily permits shall be nontransferable, except that the annual permit and daily permits issued pursuant to § 18.6(b) may be used by members of the purchaser's immediate family (spouse and children).

(c) Every permit shall be kept on the person of its owner, except that, whenever a person enters a Designated Fee Area by private, noncommercial vehicle,

« PreviousContinue »