magentabluesky wrote: ↑Wed Jul 04, 2018 1:45 pm
Do you think you could share those Laws, Regulations, and Public Policy Statements with the rest of us?
It very much depends on the specific agency you are dealing with, but the most common/overarching federal law is:
49 U.S. Code SS 40103 - Sovereignty and use of airspace
(e)No Exclusive Rights at Certain Facilities.--A person does not have an exclusive right to use an air navigation facility on which Government money has been expended.
https://www.law.cornell.edu/uscode/text/49/40103
Special Park Use Permits are authorizations from the National Park Service that are required prior to short-term activities:
- that take place in the park
- provide a benefit to an individual, group or organization, rather than the public at large
- require some degree of management control from the NPS (in order to protect park resources and the public interest
- are not prohibited by law or regulation
Multiple year long exclusive leases are not "Short Term Activities"
" - are not prohibited by law or regulation" means that by definition if a SUP is used, then the activity is legal without the SUP.
In dealing with the National Park Service the additional laws that govern the Special Use Permit include:
"Commercial activity is not authorized by this Special Use Permit. Permittee shall not require fees for hang gliding, hang gliding instruction or any related activities. Permittee shall not sublet any part of the permitted premises or grant any interest or privilege whatsoever in connection with this permit without permission in writing from the NPS"
When I asked Rob how I can fly Ft. Funston without paying club fees his reply was:
"Hi Logan, mike, Bob, (and whoever else)
I'll keep it real simple for you guys..
The answer is NO! That's our policy.
We are an Ushpa chapter site and 100% ok with that.
If you want to fly "over" fort funston you can launch 2.8 miles south at the Dumps..
Aside from that...
No USHPA = no launching or landing at fort funston...
Rob johnson
President\fellow feathers "
So, they do by definition require fees for instruction and flying. They are trying to clam that USHPA is requiring the fees, not the chapter... NPS law doesn't distinguish between the beneficiary and the lessee.