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.

What is a Special Use Permit?

A Temporary Special Use Permit or Authorization is a short-term activity that takes place on public land and provides a benefit to an individual, group, or organization, rather than the public at large. With this in mind, land managers must evaluate the effects of the proposed activity, large-scale uses or activities may also require public and collaborative stakeholder scoping. The Forest Service may permit a Special Use providing the activity will not cause derogation of the Forest’s environmental or social resources or the primary objectives for which the Forest is managed. Potential resource damage, disruption of normal public use, and effects on previously approved permitted activities will all be evaluated in the analysis process.

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.

• Accessibility Guidebook for Outfitting and Guiding
• Civil Rights Requirements

Definitions

Commercial Use or Activity - Any use or activity 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).

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.

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.

Concessionaire - An individual, organization, company, corporation, or cooperating state or local agency holding a valid special use permit authorizing the provision of commercial recreation services, facilities, or activities on national forest system lands.

Holder - An individual or entity that holds a special use permit authorizing outfitting or guiding activities on national forest system lands.

Temporary Use - Short-term, non-renewable outfitting and guiding use that is authorized in increments of 50 service days, up to a maximum of 200 service days in a 180-day period, per use area. This type of permit does not commit the Forest Service to authorize future use beyond its 180-day maximum permit timeframe.

Priority Use - A long term commitment of resources which may be authorized for up to 10 years, based on the holder's past use and performance and applicable programmatic or project decisions to allocate use. Except as provided in 36 CFR Part 251, Subpart E, authorizations providing for priority use are subject to renewal (FSH 2709.11, sec. 41.53l).

Use Area - Any geographical configuration, such as a ranger district, wilderness area, Wild and Scenic River, or national forest, that allows for efficient management of temporary and priority use pools.

Permitted Access Route - Any road or trail that a holder is authorized to use under an outfitting and guiding permit or operating plan for purposes of pedestrian, stock or vehicular access.

Service Day - An allocation of use constituting a day or any part of a day on national forest system lands for which an outfitter or guide provides services to a client. The total number of service days is calculated by multiplying each service day by the number of clients on the trip.

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

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 delivery 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.

Insurance and Bonds

A specific legal entity must be identified as the permit holder. A performance bond may be required when needed to ensure the return of the site to a satisfactory condition. Permit holders are required to furnish or arrange for appropriate liability insurance, law enforcement, crowd control, safety, and sanitation.

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 Stanislaus 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 

1. 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.

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.

Are Non-profit organizations, educational institutes, and organizations exempt?

Based on the Federal Code of Regulations (36CFR 251.51) If you charge a participation or membership fee for an activity which takes place on Federal lands, you are required to obtain a Special Use permit. The tax structure of your organization is not relevant to whether or not you need a permit. Some of the largest permitted outfitting and guiding organizations operating on National Forest lands are non-profit and educational organizations providing great public benefits. (See Commercial Use Definition)

Application Materials

If you have carefully reviewed all of the program requirements above and would like your activity to be considered for a temporary outfitter and guide permit, you will need to submit the following application materials:

• Cover Letter providing a brief description of what your application includes and what you are proposing
• Temporary Outfitter/Guide Application
• Instructions for Temporary Outfitter/Guide Application
• Estimated Fee Worksheet
• Certificate of Insurance
• Outfitter & Guide Checklist

How to Submit Your Application

Beginning on January 1, 2025, and annually thereafter, the Stanislaus National Forest will accept completed applications for permit requests on National Forest System lands and waters twice per year by the following deadlines:

• Summer/Fall events and operating seasons (after June 1st and before November 1st)
  • Submit applications until February 15th
• Winter/Spring events and operating seasons (after November 1st and before May 31st)
  • Submit applications until August 15th

​Applications will be date-stamped and evaluated in the order they were received. Once applications have been sent to SM.FS.R5StanPermit@usda.gov a Special Uses Permit Administrator will be assigned to your case to discuss the proposal’s nature, the agency’s evaluation guidelines, and any applicable laws and regulations. Please allow 6-8 weeks for the initial review of your application package. An application without sufficient information may be denied at any stage of the screening process, with or without the option of resubmitting the application. Fully completed applications must be submitted via email or at the Supervisor’s Office at the following addresses:

Email applications to:

SM.FS.R5StanPermit@usda.gov

Mail applications to:

Stanislaus National Forest19777 Greenley Road Sonora, CA 95370 Attn: Special Uses