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.

DECISIONS

§ 17a.18 Notification of right to file exceptions.

The provisions of § 17.9 of this title govern the making of decisions by hearing examiners and heads of bureaus or offices. A hearing examiner shall, in any initial decision made by him, specifically inform the applicant or recipient of his right under § 17.9 to file exceptions with 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.

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 making service or by his attorney or representatives, stating that such service has been made, the date of service, and the manner of service, whether by mail or personal delivery.

§ 17a.23 Service on all parties.

A hearing examiner and the head of a bureau or office shall file and serve on all parties copies of any notices that he may issue and copies of any correspondence that he may have with a party. Each party shall serve on all other parties copies of all documents (such as pleadings, motions, briefs) which the party files with the hearing examiner or the head of the bureau or office.

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.

(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.

§ 18.4 Types of fees.

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.

(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.