General Comments

Section 251.57--Rental Fees

Section 251.57(d) of the proposed rule provided that no permit fees would be charged for activities subject to the rule.


Two respondents stated that all persons or organizations subject to the requirement for a special use authorization should be required to pay reasonable application, processing, and land use fees.

Several respondents objected generally to charging permit fees for activities subject to the proposed rule. Three respondents stated that permit fees should not be charged for noncommercial uses. One respondent stated that authorized officers might start charging ever-increasing permit fees. One respondent stated that permit fees could still be charged for noncommercial uses, given the vagueness of the definition of ``commercial use or activity'' and probably would be charged, given the history and apparent intent of the regulation.


Under the final rule, an authorized officer may not charge a permit fee for activities subject to the rule. As discussed in response to comments on Sec. 251.51, the Department has clarified and narrowed the definition of ``commercial use or activity'' so that it cannot be construed to include noncommercial activities.

It is not the Department's intent to charge permit fees for noncommercial group uses. As stated above, the Department's intent is to ensure that no undue burdens are imposed on the exercise of First Amendment rights.

Having considered the comments received, the Department has retained without change Sec. 251.57(d) in the final rule.

Section 251.60(b)

Listing of Comments

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