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

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. 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.

Production, distribution, and sale of permits and revision or interpretation of this part.

AUTHORITY: The provisions of this Part 18 issued under sec. 2, 78 Stat. 897, 16 U.S.C. 4601-4 through 4607-11. E.O. 11200, 3 CFR 1965 Supp.

SOURCE: The provisions of this Part 18 appear at 32 F.R. 207, Jan. 10, 1967, unless otherwise noted.

(a) This part is promulgated pursuant to the Land and Water Conservation Fund Act of 1965, 78 Stat. 897, and Executive Order 11200. Any recreation fee which may be charged by the National Park Service, the Bureau of Land 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 hereof 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 theretofore 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

(c) In addition to the official designation sign, all Designated Fee Areas shall also be prominently posted with at least one other 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. It shall contain the words, "Authorized by the Land and Water Conservation Fund Act of 1965."

(d) An appropriate sized edition of the designation sign may be used in conjunction with all signs erected by the administering agency or department which directs the public to a Designated Fee Area.

(e) No recreation fee established pursuant to this part shall be effective at any Designated Fee Area until that area has been posted.

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 shortterm permit.

§ 18.5 Fee for annual permit.

(a) The annual permit shall be valid for the 12-month period of April 1 through March 31 at all Designated Fee Areas at which entrance or admission fees are charged. The fee for the annual permit for the period April 1, 1967, through March 31, 1968, and each 12month period thereafter shall be $7.

(b) The annual permit shall admit the purchaser, regardless of the mode of transportation, without further payment to all Designated Fee Areas where entrance or admission fees are charged

during the period for which the permit is valid. In addition, all those who accompany the purchaser in a private, noncommercial vehicle shall also be admitted without further charge to Designated Fee Areas commonly entered by such vehicles.

(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 short-term permits.

(a) For those who choose not to purchase the annual permit, there shall be two fees for short-term 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 short-term permit applicable to those entering by private, noncommercial vehicle shall be one of the following at the discretion of the heads of the administering agencies or departments:

(1) $1 per day; or

(2) From $3 to $5 for a period not to exceed 6 months.

The short-term permit shall be valid only at the one Designated Fee Area for which it is purchased. The head of the administering agency or department shall select for each area either (1) or (2), or both. If (2) is selected, he may determine the exact fee and its duration within the limits indicated: Provided, All short-term permits shall expire not later than March 31, 1968. The shortterm 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 short-term permit charged at Designated Fee Areas, applicable to those entering by any means other than private, noncommercial vehicle shall be $0.50 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) (1) 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 until noon of the day following purchase, unless such area is posted for an earlier departure time in which case such permits shall be valid only until such departure time.

§ 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 short-term permits shall be nontransferable, except the annual permit, and those issued pursuant to § 18.6(b) may be used by members of the purchaser's immediate family (spouse and children): Provided, Such member is driving a private, noncommercial vehicle duly registered, or under rental contract, in the name of a member of that family.

(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, the annual permit or short-term permit shall be displayed on the sun visor or the dashboard on the left side of such vehicle in a manner to be readily visible to persons outside the vehicle unless a different manner of display is prescribed by instructions posted at the area. § 18.8 User fees.

(a) User fees are payable for the use of sites, facilities, equipment, or services provided by the United States especially for recreationists in Designated Fee Areas which include, but are not limited to, well-developed campsites, picnic areas, bathhouses, lockers, boat launching facilities, boats, other marine equipment, guide services, firewood, and winter sport facilities. User fees may be charged at Designated Fee Areas singly or in addition to entrance or admission fees.

(b) User fees shall be selected from within the range of fees in accord with the criteria below:

(1) The direct and indirect cost to the United States of establishing and maintaining the area;

(2) The quality and variety of recreation opportunities offered in the area;

(3) The amount charged for admission to or the use of comparable Federal, State, local, and private areas;

(4) The impact of the fee on potential development of other outdoor recreation areas and facilities in the locality by State and local governments and by private investors;

(5) The contributions of State and local governments and private contributions to the maintenance and development of the area.

(c) User fees may be charged for additional types of sites, facilities, equipment, and services not listed below in such amounts as are recommended by the Secretary of the Interior.

Effective April 1, 1967, at least one of the fees provided for in this part shall be charged at every Designated Fee Area. § 18.10 Period for collection of fees.

(a) Fees shall be charged at all Designated Fee Areas on a yearlong basis. (b) The heads of the administering agencies and departments shall provide for the collection of fees at every Designated Fee Area at all times unless recreation use at such an area or closely related group of areas is insufficient to make collections equal or exceed administrative costs or there are other overriding difficulties. § 18.11

Enforcement.

The heads of the administering agencies and departments shall use such legal means at their disposal to collect fees at Designated Fee Areas and to enforce these fee regulations. The Director, Bureau of Outdoor Recreation, shall issue from time to time to heads of administering agencies and departments guidelines with respect to enforcement.

§ 18.12 Exceptions, exclusions, and exemptions.

In the application of the provisions of this part, the following exceptions, exclusions, and exemptions shall apply:

(a) Nothing contained herein shall authorize Federal hunting or fishing licenses or fees;

(b) No fee shall be charged for the use of any waters;

(c) No fee shall be charged for travel by private, noncommercial vehicle over any National Parkway, any road or highway established as part of the national Federal-aid system, or any road within the National Forest System or a public land area, which, although it is part of a larger area, is commonly used by the public as a means of travel between two places, either or both of which are outside the area;

(d) No fee shall be charged any person in the exercise of a right of access to privately owned lands;

(e) No short-term entrance or admission fee shall be charged at any area where more than 50 percent of the land within such area has been donated to the United States by a State, unless the Governor of such State or his designee has been advised of such fee at least 60 days prior to its establishment and unless any recommendation of such Governor and all legal and other obligations of the United States to such State with respect to such areas have been taken into consideration;

(f) No fee shall be charged for access to waters or shorelines by those classes of