General Comments

Amendments to Part 251

Section 251.51--Definitions

The definitions in the rule are important because they determine applicability of the rule. The following terms were defined in the proposed rule: Commercial use or activity, Distribution of printed material, Group event, Noncommercial use or activity, and Printed material. Approximately 47 respondents commented on the definitions in the proposed rule. Eleven respondents commented on the definition of Commercial use or activity. Thirty-one respondents commented on the definition of Group event. Other definitions addressed were Distribution of printed material and Printed material. One respondent commented that the definitions are generally illegal.

Comment:

Commercial use or activity.

Respondents commented that the definition for commercial use or activity is too vague and broad and could include activities that are considered to be noncommercial. For example, respondents felt that the following could be considered a commercial activity under this definition:

--A scout troop sharing food;

--A school troop pooling meal and travel expenses;

--An activity involving the exchange of clean-up chores;

--An exchange of pocket knives;

--Bartering;

--Children trading beads or baseball cards; or

--A hug, smile, or handshake.

Respondents felt that bonding could be required if the costs of the activity were supported in part by donations; that the term ``commercial'' should apply to business activities that generate a profit, rather than to the exchange of gifts or barter; and that a better definition of ``commercial use or activity'' would include the phrase ``having profit as the primary aim.''

Response.

The Department agrees that the definition for commercial use or activity in the proposed rule was ambiguous and could be construed to include some activities that are noncommercial.

However, the Department believes that uses or activities that do not have profit as the primary aim may still be considered commercial and that the phrase ``having profit as the primary aim'' is too vague and too difficult to apply to all the uses and activities on National Forest System lands.

Instead, the Department has clarified the definition for commercial use or activity in the final rule to include only those uses or activities (1) where an entry or participation fee is charged, or (2) where the primary purpose is the sale of a good or service.

Under this definition, uses or activities involving the exchange of a product or service, such as trading pocket knives or clean-up chores, will not be considered commercial. Uses or activities where the sale of a good or service is merely secondary, such as a gathering where the primary purpose is to worship and exchange views, but where some arts and crafts may be sold incidentally to the gathering, will not be considered commercial.

Group event

Listing of Comments

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