Special Use Permits / Outfitting and Guiding

This area of Special Uses includes all commercial outfitting operations involving services for accommodating guests, transporting persons, and providing equipment, supplies, and materials.  It also includes commercial guiding activities wherein the guide furnishes personal services or serves as a leader or teacher.

Objective of Outfitting / Guiding

Provide for outfitting and guiding services that address concerns of public health and safety and that foster successful small businesses consistent with the applicable land management plan.

Facilitate greater participation in the outfitting and guiding program by organizations and businesses that work with youth and educational groups.

Encourage skilled and experienced individuals and entities to conduct outfitting and guiding activities in a manner that protects environmental resources and ensures that national forest visitors receive high-quality services. 

Definitions

Commercial Outfitting and Guiding is a use that occurs on National Forest System lands "Where an entry or participation fee is charged, or where the primary purpose is the sale of a good or service and, in either case, regardless of whether the use or activity is intended to produce a profit" (36 CFR 251.51).

Guiding - Providing services or assistance (such as supervision, protection, education, training, packing, touring, subsistence, transporting people, or interpretation) for pecuniary remuneration or other gain to individuals or groups on National Forest System lands.  The term "guide" includes the holder's employees and agents.

Outfitting - Renting on or delivering to National Forest System lands for pecuniary remuneration or other gain any saddle or pack animal, vehicle, boat, camping gear, or similar supplies or equipment.  The term "outfitter" includes the holder's employees and agents.

When Permits are Required

• Individuals or entities conducting outfitting or guiding activities on National Forest System lands shall be authorized under a special use permit.
• Outfitters based off National Forest System lands who rent and deliver equipment or livestock to the public on National Forest System lands shall obtain a permit if they, their employees, or agents occupy or use National Forest System lands or related waters in connection with their rental programs.
  • For example, a permit is required if a boat livery operator provides service, including delivery or pickup of boats, at sites on National Forest System lands.
  • No permit is necessary if an operator's customers transport rented equipment to and from National Forest System lands or if services are provided to Forest Service employees, Forest Service contractors, or other Federal officials in the course of their official duties.

Outfitter / Guide Permits

New outfitting and guiding permits may be issued when one or more of the following occurs:

• An allocation of use is increased, a resource capacity analysis demonstrates that capacity exists, or a needs assessment supports a public need.
• A permit is revoked or terminates, and a new permit is not issued to the holder.
• Service days or quotas allocated to a holder are reduced.
• Competitive interest in an area or activity arises where no outfitting and guiding permits have been issued for that area or activity and where the proposed use is consistent with the applicable programmatic or project decision.
• An application has been submitted to provide outfitting and guiding services for an area or activity that has not previously been authorized and for which there is no competitive interest. For opportunities in which competitive interest exists, solicit applications through issuance of a prospectus; if no competitive interest exists and for an application meeting the criteria above, a permit may be issued if the applicant meets applicable requirements.

Outfitter / Guide Fees

*A service day is counted for service to a client for any part of a day on National Forest System lands.  If the gross revenue exceeds the bracket maximum, then a fee of 3% of the gross will apply.

Cost Recovery Fees

The cost recovery fee covers the administrative and personnel costs associated with issuing the permit. If the permit takes more than 50 hours to process or monitor these fees apply.

Insurance

Permit holders are required to furnish or arrange for appropriate liability insurance. The minimum limits can be found in the table below.

The Insurance Policy must also meet all the following conditions:

1. They name the U.S. Government as additional insured.
2. They meet the minimum coverage requirements for the authorized activities shown in above or as required by state law or regulation.
3. They include an appropriate 30-day notification clause in case of cancelation or amendment of coverage.  When premiums are paid in full prior to use, 10-day notification of cancellation for non-payment of premiums is acceptable.
4. The exclusions (if any) listed on the Certificate of Insurance do not include any of the activities/operations authorized by the permit.
5. Some insurance policies stipulate that coverage for legal defense costs and supplementary payments is limited, and any payment of legal defense costs or supplementary payments reduces the limits of remaining coverage.  When holders' activities are covered by policies containing this stipulation, authorized officers shall require the holder to have liability coverage greater than the minimum shown in preceding direction.  For example, if the required minimum shown is $300,000, and the policy has the legal defense cost stipulation, the authorized officer shall require $500,000 coverage.  If the minimum shown is $500,000, the authorized officer shall require $1,000,000 coverage.

Waivers and Acknowledgement of Risk Forms

Insurance companies often require that their policy holders use Waivers of Liability and/or Acknowledgement of Risk forms.  Even when not an insurance company requirement, special use authorization holders frequently require that their customers sign one or both of these forms before participating in an activity provided by the holder.  The Inyo National Forest will be complying with the following policy direction:

1. Appropriately worded Acknowledgement of Risk forms required by insurance companies or special use authority holders are acceptable [Sample].
2. Do not permit use of Waiver of Liability forms [Sample] except for high risk recreation events, such as enduros, road rallies, equestrian events, hang-gliding contests, and so forth.  Many of the forms used for these purposes are unacceptable, because they would have the participant release the U.S. Government from liability for its own negligence.  This conflicts with the intent of Congress in the Federal Tort Claims Act, which makes the Federal Government liable for the negligence of its officers and employees acting within the course and scope of their employment. Additionally, these forms may be at variance with state law.

We will not be allowing these forms for guiding where there is a guide in full custody and control of their clients.

Use of Contractors

Independent contractors/subcontractors may be used for guiding for your business if they are approved prior to trips and when the following conditions apply:

1. Ancillary services (food and shuttle services, specialized guide for people with disabilities or for highly technical trips) that support the use authorized by the permit may be provided by a party other than the holder or the holder’s employees only with prior written approval from the authorized officer.
2. An authorized holder may contract with a guide, but only with the prior written approval of the authorized officer, based upon a finding that the following conditions are met (see below for contractor agreement sample):
   • The services of the contracted guide are covered under the contracting holder’s operating plan and liability insurance.
   • The contracted guide has all required State licenses.
   • The contract for the guiding services states that the contracting holder remains responsible for compliance with all the terms and conditions of the permit, including the operating plan.
   • The contracting holder will exercise management authority over all the day-to-day field operations of the business, including the guiding services covered by the contract.
3. Permit holders who would like to contract for guiding services must submit the contract for these services and additional documentation (State Guide License if applicable, Insurance Certificate stating that contractors are covered).  This documentation must be submitted for approval during the start of season process. The permit holder contracting for guiding services is responsible for compliance with all the terms and conditions of the permit in connection with provision of those services.
4. When on a particular day a permit holder lacks sufficient equipment or guides to accommodate the holder’s customers, the permit holder, without prior written approval from the authorized officer, may contract for additional equipment or guides from another permit holder. When a holder contracts for additional equipment or guides from another holder, the contracting holder is responsible for compliance with all the terms and conditions of the permit in connection with provision of the contracted equipment and services (this includes reporting the user days on your actual use report and making note it was a contracted trip and with whom).

• Sample Contractor Agreement (doc)

Information

Only one temporary use permit may be issued per 180-day period with a maximum allocation of 200 service days. 

• Accessibility Guidebook for Outfitting and Guiding (external link)
• Civil Rights Requirements (pdf)

Eldorado National Forest Site-Specific Restrictions:

• Research Natural Areas: commercial outfitting and guiding will not be authorized within Research Natural Areas.

Submitting Requests

ALL proposals and applications must be submitted at least 180 days ahead of your intended start of operations.

Step 1: Submit Proposal

A written proposal should include the following information:

• the services to be performed,
• the proposed number of service days or quotas,
• specific locations of National Forest System lands to be occupied,
• modes of transportation to be used,
• proposed season of use and itinerary,
• and other matters relating to your operations in sufficient detail for the authorized officer to make a decision on the request in accordance with regulatory requirements,
• description of your technical and financial qualifications to provide the proposed services.

Step 2: Submit Application Package

If the Authorized Officer (District Ranger for associated District) is willing to move the proposal forward to the application phase the following documentation must be submitted for review:

• Temporary Outfitter/Guide Application FS-2700-3f
  • Instructions for Temporary Outfitter/Guide Application
• Sample Acknowledgement of Risk Form
• Sample Operations Plan
• Estimated Fee Worksheet
• Post Use Report – wilderness use
• Sample Post Use Report

Advertising

Once you have received your permit you are required to put the following information on your website and brochures:  

• Advertising Q&A (doc)

You are not authorized to advertise until you have applied for and notified of acceptance of your application for processing.  You must submit all advertising for review and approval prior to posting, printing or airing.  Please contact the associated office on the Eldorado National Forest for more information as well as to apply for a permit.