USDA Forest Service Prospectus for Outfitting & Guide Services Nantahala National Forest Cheoah River – Graham County, N.C.
PROSPECTUS
AN OPPORTUNITY FOR COMMERCIAL WHITEWATER OUTFITTING AND GUIDING ON THE CHEOAH RIVER IN GRAHAM COUNTY NORTH CAROLINA CHEOAH RANGER DISTRICT NANTAHALA NATIONAL FOREST
USDA FOREST SERVICE NANTAHALA NATIONAL FOREST CHEOAH RANGER DISTRICT 1070 MASSEY BRANCH ROAD ROBBINSVILLE, NORTH CAROLINA 28771
For Further Information Contact Julie Moore at 828-837-5152
AUGUST 2010
1 USDA Forest Service Prospectus for Outfitting & Guide Services Nantahala National Forest Cheoah River – Graham County, N.C.
I. Introduction
The USDA Forest Service is soliciting proposals from interested parties to provide commercial whitewater outfitter and guide services for the Cheoah Ranger District on the Cheoah River located in Graham County, North Carolina. The forest intends to authorize four new special use permits as a result of this offering.
This offering will allow individuals or organizations to conduct outfitter and guide services on National Forest lands within the areas described in this prospectus. Permit holders are an agent of the Forest Service that will provide services to the public, protect health and safety, and attain management objectives.
The Cheoah River is located in the northern part of Graham County and follows US 129 approximately 9.1 miles from the base of Santeetlah Dam to Calderwood Lake on the Tennessee Border. Each year Alcoa Power Generating Inc. will release additional flows into the river for 19 days in accordance with their license issued by the Federal Energy Regulatory Commission. The schedule (Appendix A, 2011, High Flow Schedule) is established prior to the beginning of each year in accordance with their license and provides for ten events scheduled during the weekends primarily spring and fall of each year. Multiple day events are scheduled with the first day of flows being 1,000 cfs, the second day, 850 cfs with exception to the February and March releases. It should be noted that due to the rocky substrate, flows at the 850 cfs level are more conducive towards hard boats as rafts move slower and could have problems in several areas navigating rocks.
Potential applicants desiring to provide commercial whitewater services have contacted the Forest Service. This demonstration of competitive interest requires the issuance of a prospectus and evaluation of offers to determine how the available permits will be allocated among competing applicants.
This prospectus is intended to solicit proposals from interested parties who intend to provide commercial outfitters guide services on a reoccurring basis on the Cheoah River. The objective in permitting this activity on National Forest Land is to answer a public need, provide for the health and safety of river users, protect the resources, and provide a quality recreation experience for the public.
Permits awarded by this prospectus will be authorized through a ten-year special use permit. The authorized officer for permits that are issued will be the District Ranger for the Cheoah Ranger District. Upon expiration of the permit, continuation of the permitted activity will be at the sole discretion of the authorized officer and will be subject to a competitive offering. A new prospectus will be issued during the final year of the permit term.
If the decision to select a permit holder is appealed, a permit will not be issued until the appeal has been resolved, unless operation is needed during the appeal, in which case a permit with a term of one-year or less may be issued to current permit holders.
2 USDA Forest Service Prospectus for Outfitting & Guide Services Nantahala National Forest Cheoah River – Graham County, N.C.
All prospective applicants are advised to read this Prospectus and sample Special Use Permit carefully (Appendix B). There are a number of requirements for insurance, operations, and maintenance with which an applicant must comply. Permits will not be issued if, in the judgment of the Forest Service, a highly qualified pool of applicants is not available. The Forest Service reserves the rights to reject any or all applications if the applications do not best serve the needs of the public.
All applicants must submit, in writing, a proposal that includes the information listed under SUBMITTING THE PROPOSAL to include a non-refundable application fee of $111.00.
Any oral statement by any representative of the USDA Forest Service, which modifies the conditions of this prospectus, is an expression of opinion only, and confers no special rights upon any applicant. In the event that a contradiction exists between this prospectus and the Special Use Permit, the Special Use Permit governs.
II. General Description of Area
Cheoah River is approximately 9.1 miles long and is characterized by a very continuous average gradient of 100 feet/mile, a rocky bedrock substrate, and a fairly narrow confined stream channel (Appendix C, Location Map). The river has many Class IV/IV+ rapids that require a high skill level to negotiate—only advanced or expert boaters with proper equipment should attempt running the river without an experienced guide (Appendix D, Cheoah River Brochure).
Whitewater releases are scheduled for 19 to 20 days each year with the first day of release being 1,000 CFS and the second day 850 CFS. The first day is ideal for rafts, kayaks and other hard- boats. The second day of flows is ideal for kayaks as rafts have difficulty navigating the rocky substrate in several areas. All high flows begin at 9AM May through September and during the fall and winter months, begin at 8AM.
The commercial put-in facility is located below Santeetlah Dam just off of Joyce Kilmer Road (State Road 1147). The facility consists of a parking and staging area for four commercial outfitters along with approximately 100 parking spaces for river users. This facility was opened in 2008 and prior to this, access to the river along with parking was extremely limited.
The take out facility was also opened in 2008 and is located on Calderwood Reservoir adjacent to US 129 at Tapoco’s Magazine Branch Boat Access and Picnic Area. Parking is limited to two busses – so permitted outfitters must stage their trips with each other so only two outfitters are using the take out at any one time. Additional parking is located adjacent to Cheoah Dam for commercial vehicles that cannot be accommodated in the take out area.
3 USDA Forest Service Prospectus for Outfitting & Guide Services Nantahala National Forest Cheoah River – Graham County, N.C.
During the first four years of operation (2006 through 2009), the use reported for both commercial outfitters and private boaters are as follows:
2006 2007 2008 2009 Outfitter A 25 106 77 70 Outfitter B 217 458 357 248 Outfitter C 73 252 202 195 Outfitter D 29 27 21 33 Commercial Use: 344 843 657 546 Private Boaters 2,227 2,445 1,767 1,500 Total Use: 2,571 3,288 2,424 2,046
Under the Federal Lands Recreation Enhancement Act of 2004, the public is required to obtain a special recreation permit to use the river. The cost is $2.00 per individual and commercial outfitters will be required to collect this fee from each of their clients. Successful applicants will be required to enter into a direct purchase agreement to collect these fees on behalf of the Forest Service as noted in Appendix E. This fee is in addition to the land use fee for the Special Use permit.
III. Offering
Authorized Use
This offering provides the successful applicant(s) the opportunity to use National Forest recreation facilities described in section II for whitewater outfitting and guiding. The purpose of this offering is to provide whitewater boating experiences to the general public. A total of four outfitters will be permitted for a ten-year period to offer services on the Cheoah River on National Forest land.
All authorized use resulting from this offering will be considered “priority use” after two years of acceptable service. Priority use is assigned at the discretion of the authorized officer and shall be consistent with Forest Land and Resource Management Plan (LRMP).
The amount of use initially assigned to each outfitter will be 120 service days for each high-flow release on the Cheoah River (19-20 each year). Service days will be used for billing purposes. Service days represent a day or part of a day for each individual accompanied or provided services, including transportation services, by a packer, outfitter, guide, leader or instructor. Any period of time when clients are on the National Forest and under the direction, care or tutelage of a guide/outfitter shall be counted as part of the total service days for fee calculations. See section VII for more information on fees charged to a permittee for outfitting/guide use.
Concurrent with this, permits will be issued for a ten year period and outfitters will be guaranteed a minimum of 120 service days for each day high flows are scheduled for the first five years. At the end of the first five-year term, in accordance with Section II, N of the permit,
4 USDA Forest Service Prospectus for Outfitting & Guide Services Nantahala National Forest Cheoah River – Graham County, N.C.
the actual use will be reviewed and adjusted for non-use if necessary. Should an outfitter go out of business, the permit will terminate and be competitively advertised for the remainder of the initial term. Upon the sale of a business, the permit can be transferred to a new owner for the remainder of the initial term provided they meet the minimal qualifications for a permit as defined under 26 CFR 251.
Upon selection of the four successful applicants, a meeting will be held to discuss operational protocol and final permitting requirements such as insurance, safety, etc. As there is limited space at both the put-in and take-out, considerations will be given to developing and assigning launch windows to ensure both commercial and private boater safety both in transit and to prevent over-crowding of the river. The Authorized Officer will then develop a plan to address operational protocol that will become part of the terms and conditions of the permit.
The Forest Service reserves the right to close all or a portion of any of any area authorized for use under the permit for repair; construction; floods, snow, extreme fire danger, or other natural events; wildlife protection; or risks to public health and safety. The Forest Service shall not be liable to the permit holder for lost revenue, operating costs, or any other losses resulting from these closures. However, for fee calculation purposes, the permit shall be placed in non-use status as provided by FSH 2709.11, Section 31.23.
IV. Special Considerations
1. The Forest Service cannot ensure a profitable operation to the successful applicant. Each applicant is encouraged to appraise the economic potential of the opportunity offered by the prospectus.
2. Only those activities identified on the first page of the Special Use Permit will be authorized. The sale of any goods or commodities to include photographs will be considered only if enumerated in the proposal and approved by the Forest Service.
3. In recognition of the desire by the Forest Service to serve the needs of special populations, proposals specifically designed to meet the needs of these populations may be considered for any of the offered areas. Special populations include, but are not limited to persons with physical or mental disabilities, disadvantaged youth, the elderly, etc.
4. Proposal for environmental education or interpretive services may be considered.
5. Companies or corporations submitting proposals must sign, using the name of the appropriate executive officer, together with proof of the officer’s authority to sign, and the official address. An individual must sign his/her name, and furnish the address of his/her place of residence or business.
5 USDA Forest Service Prospectus for Outfitting & Guide Services Nantahala National Forest Cheoah River – Graham County, N.C.
V. Submitting the Proposal
Proposals for a special use permit to provide outfitting and guiding services on the Cheoah River will be accepted by mailing completed proposals to:
Julie Moore Cheoah Ranger District 1070 Massey Branch Road Robbinsville, North Carolina 28771
Proposals will be accepted until Close of Business (COB), on October 30, 2010. Material submitted with proposals will not be returned unless specifically requested.
Incomplete proposals could adversely affect your chances for selection. Proposals submitted after COB on October 30, 2010 will not be considered.
Proposal Required Information To be considered, each applicant must submit the information requested below:
1. A completed Special Use Application Form, SF 299 as contained in Appendix F. Use the form in the enclosed application package. Attention should be given to providing a detailed description of your experience related to providing outfitting and guiding services for whitewater boating activities. The description must include experience in private business, public service, or any nonprofit or other related enterprises.
2. The outfitter-guide Operating Plan for the 2010 Season is attached as Appendix G that details specific operational requirements to include including safety and emergency precautions. As part of your proposal, any changes to this plan should be included in your submission. This would include any details specific to your operation or the type of service you are proposing. If you are proposing no changes to this plan that are specific to your operation, this section does not have to be addressed in your response. Please note the requirements in the Closure Order contained in Appendix H – these use restrictions are mandatory for all river users.
3. A completed Business Plan. Applicants must submit a business plan utilizing the format in Appendix I of the prospectus. This part of the application package must be a separate document. The business plan provides a thorough analysis of an applicant’s vision of the proposed business. A good business plan is essential for running a successful business, maintaining and improving the business, and raising needed capital.
4. A Narrative addressing each of the five Selection Criteria noted in section VI.
5. A non-refundable application fee will be required in the amount of $111.00. Your check should be made out to USDA – Forest Service. Applications that are submitted without the application fee will be automatically disqualified from further consideration.
6 USDA Forest Service Prospectus for Outfitting & Guide Services Nantahala National Forest Cheoah River – Graham County, N.C.
Proposals are confidential and will not be released without the permission of the applicant. Financial information is to be treated as confidential to the extent allowed and the Freedom of Information Act (5USC 552 and 552a respectively).
To avoid unnecessary expense for the applicant, insurance policies, brochures, state licenses, etc, should not be obtained until after an award has been made.
VI. AWARD
The objective is to select the applicant whose proposal best meets the public need. The applicants selected will be those best qualified to operate and maintain these public services based on, but not limited to, the written materials submitted in the application package.
A review panel with experience in special use permits will evaluate each proposal. The panel will review, evaluate, and compare proposals using the weighted selection criteria and professional judgment, but will not use a strictly mathematical scoring system. The successful applicant(s) will be notified no later than November 30, 2010.
After all proposals have been rated, the panel will recommend to the Authorizing Officer those proposals that the panel feels are qualified to be awarded a permit. The Authorized Officer has final selection authority to accept or deny the recommendations of the panel.
The selection of the successful applicant(s) is an appealable decision under 36 CFR 251.82. An appellant must file a notice of appeal within 45 days of the date on the notice of written decision of selection.
Selection Criteria and Weighted Value Percentage
1. Type and Quality of Customer Service - The kind and quality of the service proposed in terms of meeting public need. How does the proposal meet the mission of the Forest Service in terms of providing education, interpretation, safety and stewardship of public lands? What types of maintenance work or improvement to facilities and lands will be accomplished? What kinds of experience will the clients receive and how will their safety be provided for? How will the proposed operation protect and interpret the resources of the National Forest? (Weight 35%)
2. Experience - The applicant’s experience in this or related fields and the qualification he/she possesses to fully satisfy the public need for this service. This will include an evaluation of past permits issued. (Weight 25%)
3. Business Plan – The financial capability of the proponent to operate and maintain an outfitting and guiding business and the demonstrated ability for the business to be successful. (Weight 25%)
7 USDA Forest Service Prospectus for Outfitting & Guide Services Nantahala National Forest Cheoah River – Graham County, N.C.
4. Special Populations - How does the proposal provide services to special populations such as low income, disadvantaged, minorities, physically or mentally challenged and urban populations? (Weight 15%)
VII. PERMIT AND OPERATIONS
If your proposal is selected and you are awarded use on the Cheoah River, the final step before you are allowed to operate is to obtain a special use permit. An example of a special use permit is included in Appendix B.
The selected applicant will be responsible for the following:
Final Operating Plan – The Plan and accompanying itinerary will become part of the special use permit upon approval by the Forest Service.
Insurance – The holder shall have in force liability insurance covering losses associated with the use and occupancy authorized by this permit arising from personal injury or death and third-party property damage in the minimum amount of $ 1,000,000.00 as a combined single limit per occurrence. In addition the insurance must indemnify the United States against any liability for damage to life or property. A ‘certificate of insurance’ must be provided before a special use permit will be issued.
Transport Vehicles – The holder shall have in force the minimal insurance as required by the North Carolina Insurance Commission for passenger hauling vehicles. A ‘certificate of insurance’ must be provided for each vehicle before a permit will be issued.
Brochure – Selected applicants must provide brochure advertising current rates and services offered. The fact that the outfitting and guiding is occurring on the Cheoah Ranger District, Nantahala National Forest and operates under a special use permit should be included on all advertisements including electronic advertising on the Internet.
Concurrent with this, the following Title VI disclaimer is also required in all publications including electronic media:
"The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer."
8 USDA Forest Service Prospectus for Outfitting & Guide Services Nantahala National Forest Cheoah River – Graham County, N.C.
Fees – Land use fees are calculated in accordance with the terms and conditions of the sample Special Use permit located in Appendix B under Section IV B and in accordance with Forest Service Regulations contained in FSH 2907.11, Chapter 37, using Option B. The minimum permit fee is $1,000.00 and is paid in advance of each year. The annual fee is 3% of adjusted gross revenue (or $1,000 whichever is greater) and billed at the end of each calendar year.
Record Keeping – The permittee will be required to provide the Forest Service annual financial and actual use records to determine the final annual fee. All original records of use by date, trip, fee and number and name of persons must be retained and readily available for inspection for the most recent 5 years.
Direct Purchase Agreement – The permittee will be required to enter into a Direct Purchase Agreement with the USDA Forest Service as shown in Appendix E. Under the Federal Lands Recreation Enhancement Act of 2004, river users are required to obtain a special recreation permit to use the river. The cost is $2.00 per individual and commercial outfitters will be required to collect this fee from each of their clients on behalf of the Forest Service. The outfitter retains 10% of the proceeds for processing costs ($0.20 per permit) and returns the balance (90% or $1.80 per permit) to the Forest Service at the end of the year based on their use report. This fee is in addition to the land use fee for the Special Use permit as described above.
9 Alcoa Power Generating Inc. Tapoco Division PO Box 576 Badin, North Carolina 28009-0576 Tel: 1-888-886-1063 Fax: 1-704-422-5776 www.alcoa.com/tapoco
December 10, 2009
Kimberly D. Bose Federal Energy Regulatory Commission 888 First Street, NE Washington, D.C. 20426
RE: Tapoco Hydroelectric Project (FERC No. 2169) Proposed Schedule of 2011 Cheoah River High Flow Events
Dear Secretary Bose:
On January 25, 2005, the Federal Energy Regulatory Commission (FERC) issued Alcoa Power Generating Inc. (APGI) a New License, effective March 1, 2005, for the Tapoco Hydroelectric Project (FERC No. 2169). Section 1.2.2 of Appendix A of the License requires APGI to provide high flow events in the Cheoah River starting September 1, 2005 and to provide 12 months prior notice to FERC, the U.S. Fish and Wildlife Service (USFWS), U.S. Forest Service (USFS), North Carolina Wildlife Resources Commission (NCWRC), North Carolina Department of Environment and Natural Resources (NCDENR), Eastern Band of Cherokee Indians (EBCI), and Graham County of the proposed schedule of high flow events.
The high flow events for 2011 will follow the Year 2 schedule presented in Table OR-2.3 of Appendix A of the License, as presented below:
Month Events Total Days Magnitude (cfs)3 Per Month Day 1 Day 2 Day 3 January February 1 2 1,000 Var1 March 1 3 1,000 6002 300 April 3 6 1,000 850 300 May 2 4 1,000 850 June 1 2 1,000 850 July August September October 1 1 1,000 November 1 1 1,000 December 1 600 cfs from hour 15 to hour 19, 400 cfs from hour 20 to hour 34, 200 cfs from hour 35 to hour 47, 100 cfs for hour 48 2 600 cfs from hour 16 to hour 36, 300 cfs from hour 37 to hour 48 3 12:00 a.m. (midnight) shall be the starting point for determining the appropriate time for initiating and changing flow releases
APGI proposes the following schedule for the Cheoah River high flow releases in 2011:
February 19 & 20 (Saturday & Sunday) March 19, 20 & 21 (Saturday, Sunday & Monday) April 2 & 3 (Saturday & Sunday) April 9 & 10, 2011 (Saturday & Sunday) April 16 & 17, 2011 (Saturday & Sunday) May 14 & 15 (Saturday & Sunday) May 21 & 22 (Saturday & Sunday) June 18 & 19 (Saturday & Sunday) October 1 (Saturday) November 5 (Saturday)
As required by Section 1.2.3 of Appendix A of the License, APGI held an annual flow planning meeting with agencies and other interested parties on October 6, 2009. During that meeting, APGI reviewed a proposed schedule for the 2011 Cheoah River high flow releases. The schedule presented above was developed based on the comments received from the agencies and interested parties at the annual flow planning meeting.
If you have any questions or need additional information, please contact me at (704) 422-5622 or [email protected].
Sincerely,
Marshall Olson Environmental and Natural Resources Manager
CC: Mark Cantrell, USFWS Jason Farmer, USFS Chris Goudreau, NCWRC Jim Mead, NCDENR Michael Bolt, EBCI Lynn Cody, Graham County
2 Certificate of Service
I hereby certify that I have this day served the foregoing document upon each person designated on the official service list in this proceeding in accordance with the requirements of Rule 2010 of the Commission’s Rules of Practice and Procedure.
Dated at Badin, North Carolina this 10th day of December 2009.
Marshall Olson APGI Environmental and Natural Resources Manager APGI Tapoco Division P.O. Box 576 Badin, NC 28009 704-422-5622
3 Use Code: 153 FS-2700-4i (v.05/09) Authorization ID: #AUTH_ID# OMB No. 0596-0082 Contact Name: #HOLDER_ID# Expiration Date: 12/31/2021
SPECIAL USE PERMIT FOR OUTFITTING AND GUIDING Authority: Federal Lands Recreation Enhancement Act, 16 U.S.C. 6802(h) (Ref. FSH 2709.11, section 41.53)
This permit authorizes priority use outfitting and guiding for Ten years.
The purpose of this permit is to authorize outfitting and guiding activities for boating on the Cheoah River with use limited to a maximum of 120 service days for each high-flow release on the Cheoah River; 19-20 each year in accordance with the high flow scheduled approved by the Federal Energy Regulatory Commission each year.
The following appendices are attached to and made a part of this permit:
APPENDIX A – Map of Authorized Area APPENDIX B – Operating Plan, dated and approved annually APPENDIX C – Trip Itinerary APPENDIX D – Estimated Fee Determination Sheet, approved annually APPENDIX E – Actual Use Report Format APPENDIX F – Authorized Officer’s Outfitter and Guide Performance Evaluation Criteria
I. AUTHORITY AND GENERAL TERMS OF THE PERMIT
A. AUTHORITY. This permit is issued pursuant to Federal Lands Recreation Enhancement Act, 16 U.S.C. 6802(h), and 36 CFR Part 251, Subpart B, as amended, and is subject to their provisions. B. AUTHORIZED OFFICER. The authorized officer is the Forest Supervisor or a subordinate officer with delegated authority.
C. TERM. This permit shall expire at midnight on #EXPIRATION_DATE#. Expiration of this permit shall not require notice, a decision document, or any environmental analysis or other documentation.
D. RENEWAL. This permit is not renewable. After it expires, continuation of the type of use and occupancy authorized by this permit shall be subject to competition at the sole discretion of the authorized officer.
E. AMENDMENT. This permit may be amended in whole or in part by the Forest Service when, at the discretion of the authorized officer, such action is deemed necessary or desirable to incorporate new terms that may be required by law, regulation, directive, the applicable forest land and resource management plan, or projects and activities implementing a land management plan pursuant to 36 CFR 215.
F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In exercising the rights and privileges granted by this permit, the holder shall comply with all present and future federal laws and regulations and all present and future state, county, and municipal laws, regulations, and other legal requirements that apply to the permit area, to the extent they do not conflict with federal law, regulation, or policy. The Forest Service assumes no responsibility for enforcing laws, regulations, and other legal requirements that fall under the jurisdiction of other governmental entities. G. NON-EXCLUSIVE USE. The use and occupancy authorized by this permit are not exclusive. The Forest Service reserves the right of access to the permit area, including a continuing right of physical entry to the permit area for inspection, monitoring, or any other purpose consistent with any right or obligation of the United States under any law or regulation. The Forest Service reserves the right to allow others to use the permit area in any way that is not inconsistent with the holder's rights and privileges under this permit, after consultation with all parties involved. Except for any restrictions that the holder and the authorized officer agree are necessary to protect the installation and operation of authorized temporary improvements, the lands and waters covered by this permit shall remain open to the public for all lawful purposes.
H. CHANGE IN CONTROL 1. Notification. The holder shall notify the authorized officer when a change in control of the business entity that holds this permit is contemplated. If the holder is a corporation, change in control means the sale or transfer of a controlling interest in the corporation. If the holder is a partnership or a limited liability company, change in control means the sale or transfer of a controlling interest in the partnership or limited liability company. If the holder is an individual, change in control means the sale or transfer of the business to another party.
2. Termination. This permit is not transferable. Any change in control of the business entity as defined in clause I.H.1 shall cause this permit to terminate upon issuance of a new permit to another party for the use and occupancy authorized by this permit. The party who acquires control of the business entity must submit an application for a permit for the type of use and occupancy authorized by this permit. Issuance of a new permit to the party acquiring control shall be at the sole discretion of the authorized officer. The authorized officer shall determine that the applicant meets requirements under federal regulations.
I. LIMITATIONS. Nothing in this permit gives or implies permission to build or maintain any structure or facility or to conduct any activity, unless specifically provided for in this permit. Any use not specifically identified in this permit must be proposed in accordance with 36 CFR 251.54. Approval of such a proposal through issuance of a new permit or permit amendment is at the sole discretion of the authorized officer.
II. OPERATIONS
A. TEN-YEAR OPERATING PLAN. The 10-year operating plan, which shall be attached to this permit as Appendix B, shall be submitted by the holder and approved by the authorized officer before the holder conducts any services authorized by this permit. The holder shall prepare, annually review, and revise as needed the 5-year operating plan by [date before start of operating season], in consultation with the authorized officer. At a minimum, the five-year operating plan shall include (1) the season of use for authorized outfitting and guiding activities, including the start and stop date of operations; (2) limitations on use established by the Forest Service (including fire restrictions); (3) the fee calculation option to be used and a completed Estimated Fee Determination Sheet (appendix D); and (4) any of the following that are applicable: (a) a process for submitting trip itineraries (appendix C); (b) guidelines and limits for incidental grazing; (c) location and layout of assigned sites to be used for base, spike, and drop camps or other purposes; and (d) authorized temporary improvements on National Forest System lands, including a schedule for their construction and removal.
B. ITINERARY. The holder shall submit an itinerary for each type of trip.
C. PERFORMANCE REVIEW AND EVALUATION. The holder's compliance with the terms and conditions of this permit and the five-year or annual operating plan is subject to annual performance review and evaluation by the authorized officer. The holder's performance will be documented using the Outfitter and Guide Performance Evaluation Criteria, Appendix F.
D. TEMPORARY IMPROVEMENTS. No permanent improvements may be constructed under this permit. Temporary improvements with negligible value, such as hitching posts, corrals, tent frames, and shelters, may be approved by the authorized officer in the five-year or annual operating plan. Plans and revisions to plans for design, development, and layout of temporary improvements must have prior written approval from the authorized officer.
E. PROHIBITION ON ASSIGNMENT OF USE. The holder may not assign all or part of the authorized use to others. F. PERFORMANCE OF SUPPORT SERVICES. As a general rule, the holder shall conduct the day-to-day activities authorized by this permit. Activities that support the use authorized by this permit, such as food or shuttle services, may be conducted by a party other than the holder, but only with prior written approval from the authorized officer. The holder shall continue to be responsible for compliance with all the terms of this permit.
G. MAINTENANCE. The holder shall maintain authorized temporary improvements and the permit area to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and consistent with other provisions of this authorization. The holder shall comply with inspection requirements deemed appropriate by the authorized officer.
H. SIGNS. Signs posted on NFS lands must have prior written approval of the authorized officer.
I. NONDISCRIMINATION
1. The holder and its employees shall not discriminate against any person on the basis of race, color, sex (in educational activities), national origin, age, or disability or by curtailing or refusing to furnish accommodations, facilities, services, or use privileges offered to the public generally. In addition, the holder and its employees shall comply with the provisions of Title VI of the Civil Rights Act of 1964 as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments Act of 1972, as amended, and the Age Discrimination Act of 1975, as amended.
2. The holder shall include and require compliance with the above nondiscrimination provisions in any third-party agreement made with respect to the operations authorized under this permit.
3. The Forest Service shall furnish signs setting forth this policy of nondiscrimination. These signs shall be conspicuously displayed at the public entrance to the premises and at other exterior or interior locations, as directed by the Forest Service.
4. The Forest Service shall have the right to enforce the foregoing nondiscrimination provisions by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the violation occurs.
J. EQUAL ACCESS TO FEDERAL PROGRAMS. In addition to the above nondiscrimination policy, the holder agrees to ensure that its programs and activities are open to the general public on an equal basis and without regard to any non-merit factor.
K. SANITATION. The operation and maintenance of all sanitation and food service systems and facilities shall comply with applicable standards set by state and local health departments.
L. REFUSE DISPOSAL. The holder shall comply with all applicable federal, state, and local requirements related to disposal of any refuse resulting from the use and occupancy authorized by this permit.
M. REMOVAL AND PLANTING OF VEGETATION. This permit does not authorize the cutting of timber or other vegetation. Trees or shrubbery may be removed or destroyed only after the authorized officer has approved and marked what may be removed or destroyed. Timber cut or destroyed shall be paid for at current stumpage rates for similar timber in the National Forest. The Forest Service reserves the right to dispose of the merchantable timber to those other than the holder at no stumpage cost to the holder. Unmerchantable material shall be disposed of as directed by the authorized officer. Planting of trees, shrubs, and other plants in the permit area must have prior written approval from the authorized officer.
N. FAILURE TO EXERCISE AUTHORIZED PRIVILEGES. During the 5th year of operation and upon termination, the authorized officer shall review actual use and adjust the allocation of use to match the highest amount of actual use in 1 calendar year during the first 5 years of operation, plus 25 percent of that amount for holders with up to 1,000 service days or the equivalent in quotas or 15 percent of that amount for holders with more than 1,000 service days or the equivalent in quotas, provided that:
1. The combination of the highest amount of actual use in 1 calendar year and the additional 25 or 15 percent of use not exceed the amount of use allocated when the permit was issued; and
2. To ensure that 5 years of use are available for review as a basis for making the allocation adjustment, the authorized officer may adjust the review period to include a previous or an additional year of use based on a finding that extraordinary circumstances prevented a season of operation.
O. RESTRICTION OF MOTOR VEHICLE USE. The holder shall restrict motor vehicle use to designated roads, trails, and areas, unless specifically provided otherwise in the operating plan.
III. RIGHTS AND LIABILITIES
A. LEGAL EFFECT OF THE PERMIT. This permit, which is revocable and terminable, is not a contract or a lease, but rather a federal license. The benefits and requirements conferred by this authorization are reviewable solely under the procedures set forth in 36 CFR Part 251, Subpart C, and 5 U.S.C. 704. This permit does not constitute a contract for purposes of the Contract Disputes Act, 41 U.S.C. 601. The permit is not real property, does not convey any interest in real property, and may not be used as collateral for a loan.
B. THIRD-PARTY RIGHTS. This permit is subject to all valid outstanding rights. Valid outstanding valid rights include those derived under mining and mineral leasing laws of the United States. The United States is not liable to the holder for the exercise of any such right.
C. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The parties to this permit do not intend to confer any rights on any third party as a beneficiary under this permit.
D. WATER RIGHTS. This permit does not confer any water rights on the holder. Water rights are not required by state law and may not be acquired to exercise the minor water uses authorized by this permit.
E. RISKS. The holder assumes all risk of loss associated with use and occupancy of the permit area, including but not limited to theft, vandalism, fire and any fire-fighting activities (including prescribed burns), avalanches, rising waters, winds, falling limbs or trees, and acts of God. If authorized temporary improvements in the permit area are destroyed or substantially damaged, the authorized officer shall conduct an analysis to determine whether the improvements can be safely occupied in the future and whether rebuilding should be allowed.
F. DAMAGE TO UNITED STATES PROPERTY. The holder has an affirmative duty to protect from damage the land, property, and other interests of the United States. Damage includes but is not limited to fire suppression costs, damage to government-owned improvements covered by this permit, and all costs and damages associated with or resulting from the release or threatened release of a hazardous material occurring during or as a result of activities of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees on, or related to, the lands, property, and other interests covered by this permit. For purposes of clauses III.F, III.I, and V, "hazardous material" shall mean (a) any hazardous substance under section 101(14) of CERCLA, 42 U.S.C. § 9601(14); (b) any pollutant or contaminant under section 101(33) of CERCLA, 42 U.S.C. § 9601(33); (c) any petroleum product or its derivative, including fuel oiul, and waste oils; and (d) any hazardous substance, extremely hazardous substance, toxic substance, hazardous waste, ignitable, reactive or corrosive materials, pollutant, contaminant, element, compound, mixture solution or substance that may pose a present or potential hazard to human health or the environment under any applicable environmental laws.
1. The holder shall avoid damaging or contaminating the environment, including but not limited to the soil, vegetation (such as trees, shrubs, and grass), surface water, and groundwater, during the holder's use and occupancy of the permit area. If the environment or any government property covered by this permit becomes damaged during the holder's use and occupancy of the permit area, the holder shall immediately repair the damage or replace the damaged items to the satisfaction of the authorized officer and at no expense to the United States.
2. The holder shall be liable for all injury, loss, or damage, including fire suppression, or other costs in connection with rehabilitation or restoration of natural resources associated with the use and occupancy authorized by this permit. Compensation shall include but not be limited to the value of resources damaged or destroyed, the costs of restoration, cleanup, or other mitigation, fire suppression or other types of abatement costs, and all administrative, legal (including attorney's fees), and other costs in connection therewith.
3. With respect to roads, the holder shall be liable for damage to all roads and trails of the United States open to public use caused by use of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees to the same extent as provided under clause III.F.1, except that liability shall not include reasonable and ordinary wear and tear.
G. HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION. The holder shall promptly abate as completely as possible and in compliance with all applicable laws and regulations any activity or condition and arising out of or relating to the authorized use and occupancy that causes or threatens to cause a hazard to public health or the safety of the holder's employees or agents or harm to the environment (including areas of vegetation or timber, fish or other wildlife populations, their habitats, or any other natural resources). The holder shall immediately notify the authorized officer of all serious accidents that occur in connection with such activities. The responsibility to protect the health and safety of all persons affected by the use and occupancy authorized by this permit is solely that of the holder. The Forest Service has no duty under the terms of this permit to inspect the permit area or operations and activities of the holder for hazardous conditions or compliance with health and safety standards.
H. INDEMNIFICATION OF THE UNITED STATES. The holder shall indemnify, defend, and hold harmless the United States for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the holder in connection with the use and occupancy authorized by this permit. This indemnification and hold harmless provision includes but is not limited to acts and omissions of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees in connection with the use and occupancy authorized by this permit which result in (1) violations of any laws and regulations which are now or which may in the future become applicable, and including but not limited to those environmental laws listed in clause V.A of this permit; (2) judgments, claims, demands, penalties, or fees assessed against the United States; (3) costs, expenses, and damages incurred by the United States; or (4) the release or threatened release of any solid waste, hazardous waste, hazardous substance, pollutant, contaminant, oil in any form, or petroleum product into the environment. The authorized officer may prescribe terms that allow the holder to replace, repair, restore, or otherwise undertake necessary curative actions to mitigate damages in addition to or as an alternative to monetary indemnification.
I. INSURANCE. The holder shall furnish proof of insurance, such as a certificate of insurance, to the authorized officer prior to issuance of this permit and each year thereafter that this permit is in effect. The Forest Service reserves the right to review and approve the insurance policy prior to issuance. The holder shall send an authenticated copy of any insurance policy obtained pursuant to this clause to the authorized officer immediately upon issuance of the policy. Any insurance policies obtained by the holder pursuant to this clause shall name the United States as an additional insured, and the additional insured provision shall provide for insurance coverage for the United States as required under this clause. Such policies shall also specify that the insurance company shall give 30 days prior written notice to the authorized officer of cancellation of or any modification to the policies. The certificate of insurance, the authenticated copy of the insurance policy, and written notice of cancellation or modification of insurance policies should be sent to [mailing address of administering office]. Minimum amounts of coverage and other insurance requirements are subject to change at the sole discretion of the authorized officer on the anniversary date of this permit.
1. Liability. The holder shall have in force liability insurance covering losses associated with the use and occupancy authorized by this permit arising from personal injury or death and third-party property damage in the minimum amount of $1,000,000.00 as a combined single limit per occurrence.
J. CONTRACTED SERVICES. The holder shall have in force an endorsement covering contracted services and equipment or, alternatively, the holder or the holder’s contractor shall procure a separate insurance policy that covers these services.
IV. PERMIT FEES AND ACCOUNTING RECORDS
A. PERMIT FEE. The holder shall pay to the USDA, Forest Service, an annual permit fee for the term of this permit based on the fair market value of the use and occupancy authorized by this permit. The minimum annual permit fee for the authorized use and occupancy shall be $1,000.00. Estimates of service days, the number of assigned sites, and grazing use shall be determined from the five-year or annual operating plan. Estimated fees shall be calculated on an Estimated Fee Determination Sheet. The holder shall pay the annual permit fee in advance of the authorized use and occupancy, as provided in clause IV.B. Payments due before commercial operations commence are not refundable. The Forest Service shall adjust and calculate permit fees authorized by this permit to comply with any new permit fee system based on market value that may be adopted by statute, regulation or directive issued by the Chief after issuance of this permit.
1. COMMERCIAL USE FEE. The annual permit fee shall be determined in accordance with option B (3% of gross revenue);
(a) Definitions
(1) Adjusted Gross Revenue. Gross revenue and revenue additions less applicable exclusions.
(2) Gross Revenue. The total amount of receipts from the sale of goods or services provided by the holder or third party under the permit.
(3) Revenue Additions. The market value of the following items, which are added to gross revenue:
(A) The value of goods and services that are donated or the value of goods and services that are bartered in exchange for goods and services received that are directly related to the outfitted or guided trip; and
(B) The value of gratuities, which are goods, services, or privileges that are not available to the general public and that are donated or provided without charge to organizations; individuals; the holder's employees, owners, or officers; or immediate family members of the holder's employees, owners, or officers.
(4) Revenue Exclusions. The following are excluded from gross revenue:
(A) Revenue derived from goods or services sold on private land that are not related to outfitting and guiding operations conducted on National Forest System lands, such as souvenirs, telephone toll charges, and accident insurance sales.
(B) Amounts paid or payable to a State government licensing authority or recreation administering agency from sales of hunting or fishing licenses and recreation fee tickets.
(C) Revenue from the sale of operating equipment, rental equipment, capitalized assets, or other assets used in outfitting and guiding operations, such as horses, tack, watercraft, and rental skis and boots, which are sold periodically and replaced.
B. PAYMENT SCHEDULE. The holder shall pay the annual estimated permit fee, including the fee for commercial use, assigned site fee, and grazing fee, in advance of the authorized use, as follows:
1. Single Payment. The holder shall pay the total annual estimated fee in advance when it is less than $500.
2. Two Payments. The holder shall pay half the total annual estimated fee in advance and the remainder by mid-season when the total is equal to or greater than $500, but less than $2,500.
3. Three Payments. The holder shall pay one-third of the total annual estimated fee in advance and the remainder in two equal payments by mid-season when the total is $2,500 or more.
4. Final Payment. The Forest Service shall reconcile annually the actual permit fee against permit fee payments made. The holder shall pay any additional fees owed for the past year’s operation within 30 days of billing.
C. DOCUMENTATION OF REVENUE. The holder shall provide documentation of use and revenue for purposes of permit fee verification.
1. Actual Use Report. Within 30 days of completion of the holder's approved operating season, the holder shall submit to the authorized officer an actual use report in accordance with the format in Appendix E.
2. Income Statements. No later than 90 days after the close of the holder's fiscal year, the holder shall submit to the authorized officer a statement of income reporting the results of the holder's annual operations. The statement shall include gross revenue, the value of donated goods and services, the value of gratuities, the value and description of items excluded from gross revenue, and all adjustments, such as taxes deducted, and shall be broken down by permitted activities.
D. FEE PAYMENT ISSUES
1. Crediting of Payments. Payments shall be credited on the date received by the deposit facility, except that if a payment is received on a non-workday, the payment shall not be credited until the next workday.
2. Disputed Fees. Fees are due and payable by the due date. Disputed fees must be paid in full. Adjustments will be made if dictated by settlement terms or an appeal decision.
3. Late Payments
(a) Interest. Pursuant to 31 U.S.C. 3717 et seq., interest shall be charged on any fee amount not paid within 30 days from the date it became due. The rate of interest assessed shall be the higher of the Prompt Payment Act rate or the rate of the current value of funds to the Treasury (i.e., the Treasury tax and loan account rate), as prescribed and published annually or quarterly by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Interest on the principal shall accrue from the date the fee amount is due.
(b) Administrative Costs. If the account becomes delinquent, administrative costs to cover processing and handling the delinquency shall be assessed.
(c) Penalties. A penalty of 6% per annum shall be assessed on the total amount that is more than 90 days delinquent and shall accrue from the same date on which interest charges begin to accrue.
(d) Termination for Nonpayment. This permit shall terminate without the necessity of prior notice and opportunity to comply when any permit fee payment is 90 calendar days from the due date in arrears. The holder shall be responsible for the delinquent fees, as well as any other costs of restoring the site to its original condition, including hazardous waste cleanup.
4. Administrative Offset and Credit Reporting. Delinquent fees and other charges associated with the permit shall be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 et seq. and common law. Delinquencies are subject to any or all of the following:
(a) Administrative offset of payments due the holder from the Forest Service. (b) If in excess of 60 days, referral to the Department of the Treasury for appropriate collection action as provided by 31 U.S.C. 3711(g)(1). (c) Offset by the Secretary of the Treasury of any amount due the holder, as provided by 31 U.S.C. 3720 et seq. (d) Disclosure to consumer or commercial credit reporting agencies.
E. ACCOUNTING RECORDS. The holder shall follow generally accepted accounting principles or another comprehensive basis of accounting, such as the cash, modified cash, or income tax basis of accounting, in recording financial transactions. The minimum acceptable accounting system shall include:
1. Systematic internal controls and separate recording of gross receipts from each type of business conducted under this permit, separate from any other commercial or personal activity. Receipts shall be recorded daily without reduction and, if possible, deposited into a bank account. Receipt entries shall be supported by documentation such as cash register tapes, sales invoices, reservation records, and cash accounts from other sources.
2. For permits with fees greater than $10,000, when requested by the Forest Service, the holder at its own expense shall have its annual accounting records audited by an independent public accountant acceptable to the Forest Service.
F. ACCESS TO ACCOUNTING RECORDS. The holder shall make all of the accounting books and supporting records for the business activities authorized by this permit available for audit by the Forest Service or other federal agencies authorized to review Forest Service activities. The holder shall retain these records and make them available for review for five years after the end of the year they were generated, unless disposition is otherwise authorized by the Forest Service in writing.
V. RESOURCE PROTECTION
A. COMPLIANCE WITH ENVIRONMENTAL LAWS. The holder shall in connection with the use and occupancy authorized by this permit comply with all applicable federal, state, and local environmental laws and regulations, including but not limited to those established pursuant to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., the Oil Pollution Act, as amended, 33 U.S.C. 2701 et seq., the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. 9601 et seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq.
B. VANDALISM. The holder shall take reasonable measures to prevent and discourage vandalism and disorderly conduct and when necessary shall contact the appropriate law enforcement officer.
C. HERBICIDE AND PESTICIDE USE. Herbicides and pesticides may not be used to control undesirable woody and herbaceous vegetation, aquatic plants, insects, rodents, fish, and other pests and weeds without prior written approval from the authorized officer. A request for approval of planned uses of pesticides shall be submitted annually by the holder on the due date established by the authorized officer. The report shall cover a 12-month period of planned use beginning 3 months after the reporting date. Information essential for review shall be provided in the form specified. Exceptions to this schedule may be allowed, subject to emergency request and approval, only when unexpected outbreaks of pests or weeds require control measures that were not anticipated at the time an annual report was submitted. Only those materials registered by the U.S. Environmental Protection Agency for the specific purpose planned shall be considered for use on National Forest System lands. Label instructions and all applicable laws and regulations shall be strictly followed in the application of pesticides and disposal of excess materials and containers.
D. ARCHAEOLOGICAL-PALEONTOLOGICAL DISCOVERIES. The holder shall immediately notify the authorized officer of any antiquities or other objects of historic or scientific interest, including but not limited to historic or prehistoric ruins, fossils, or artifacts discovered as the result of operations under this permit. The holder shall leave such discoveries intact until authorized to proceed by the authorized officer. Protective and mitigative measures specified by the authorized officer shall be the responsibility of the holder.
E. PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND SENSITIVE SPECIES. Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act (ESA), 16 U.S.C. 531 et seq., as amended, or as sensitive by the Regional Forester under the authority of Forest Service Manual Chapter 2670, derived from ESA Section 7 consultation, may be shown on a separate map, hereby made a part of this permit, or identified on the ground. Protective and mitigative measures specified by the authorized officer shall be the sole responsibility of the holder. If protective measures prove inadequate, if other such areas are discovered, or if new species are listed as federally threatened or endangered or as sensitive by the Regional Forester, the authorized officer may specify additional protection, regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.
F. CONSENT TO STORE HAZARDOUS MATERIALS. The holder shall not store any hazardous materials at the site without prior written approval from the authorized officer. This approval shall not be unreasonably withheld. If the authorized officer provides approval, this permit shall include, or in the case of approval provided after this permit is issued, shall be amended to include specific terms addressing the storage of hazardous materials, including the specific type of materials to be stored, the volume, the type of storage, and a spill plan. Such terms shall be proposed by the holder and are subject to approval by the authorized officer.
G. CLEANUP AND REMEDIATION.
1. The holder shall immediately notify all appropriate response authorities, including the National Response Center and the authorized officer, of any oil discharge or of the release of a hazardous substance at the site in an amount greater than or equal to its reportable quantity, in accordance with 33 CFR Part 153, Subpart B, and 40 CFR Part 302. For the purposes of this requirement, “oil” is as defined by section 311(a)(1) of the Clean Water Act, 33 U.S.C. 1321(a)(1). The holder shall immediately notify the authorized officer upon knowledge of any release or threatened release of any hazardous material at or in the vicinity of the permit area which may be harmful to public health or welfare or which may adversely affect natural resources under the management of the United States.
2. Except with respect to any federally permitted release as that term is defined under Section 101(10) of CERCLA, 42 U.S.C. 9601(10), the holder shall clean up or otherwise remediate any release, threat of release, or discharge of hazardous materials that occurs either on site or in connection with the holder's activities, whether or not those activities are authorized under this permit. The holder shall perform cleanup or remediation immediately upon discovery of the release, threat of release, or discharge of hazardous materials. The holder shall perform the cleanup or remediation to the satisfaction of the authorized officer and at no expense to the United States. Upon revocation or termination of this permit, the holder shall deliver the site to the Forest Service free and clear of contamination.
H. CERTIFICATION UPON REVOCATION OR TERMINATION. If the holder uses or stores hazardous materials at the site, upon revocation or termination of this permit the holder shall provide the Forest Service with a report certified by a professional or professionals acceptable to the Forest Service that the site covered by this permit is uncontaminated by the presence of hazardous materials and that there has not been a release or discharge of hazardous materials upon the site, into surface water at or near the site, or into groundwater below the site during the term of the permit. This certification requirement may be waived by the authorized officer when the Forest Service determines that the risks posed by the hazardous material are minimal. If a release or discharge has occurred, the professional or professionals shall document and certify that the release or discharge has been fully remediated and that the site is in compliance with all federal, state, and local laws and regulations.
VI. REVOCATION, SUSPENSION, AND TERMINATION
A. REVOCATION AND SUSPENSION. The authorized officer may revoke or suspend this permit in whole or in part:
1. For noncompliance with federal, state, or local laws and regulations; 2. For noncompliance with the terms of this permit; 3. For failure of the holder to exercise the privileges granted by this permit; 4. With the consent of the holder; or 5. At the discretion of the authorized officer, for specific and compelling reasons in the public interest.
B. REVOCATION BASED ON PERFORMANCE RATING. If the holder receives an annual rating of unacceptable based on deficiencies identified but uncorrected in a mid-season review and evaluation, the Forest Service shall revoke this permit or, if it is about to expire, shall allow it to terminate.
C. NOTICE AND OPPORTUNITY TO TAKE CORRECTIVE ACTION. Prior to revocation or suspension under clause VI.A or VI.B, the authorized officer shall give the holder written notice of the grounds for the action to be taken. For purposes of revocation under clause VI.B, written notice must be given to the holder after the mid-season review and evaluation that if the identified deficiencies are not corrected, they will result in an annual rating of unacceptable, which in turn will result in revocation of the permit. Prior to revocation or suspension under clause VI.A.1, 2, or 3 or revocation under clause VI.B, the authorized officer also shall give the holder a reasonable period, not to exceed 30 days, to complete corrective action prescribed by the authorized officer. The period between the mid-season review and evaluation and the annual rating shall constitute adequate opportunity to take corrective action for purposes of revocation under clause VI.B.
D. IMMEDIATE SUSPENSION. The authorized officer may immediately suspend this permit in whole or in part when necessary to protect public health or safety or the environment. The suspension decision must be in writing. Within 48 hours of the request of the holder, the superior of the authorized officer shall arrange for an on-the-ground review of the adverse conditions with the holder. Following this review, the superior shall take prompt action to affirm, modify, or cancel the suspension.
E. APPEALS AND REMEDIES. Any written decisions by the authorized officer relating to administration of this permit, including annual ratings of probationary and unacceptable and revocation or suspension decisions, are subject to the administrative appeal regulations at 36 CFR Part 251, Subpart C, as amended. Revocation or suspension of this permit shall not give rise to any claim for damages by the holder against the Forest Service.
F. TERMINATION. This permit shall terminate when by its terms a fixed or agreed upon condition, event, or time occurs without any action by the authorized officer. Examples include but are not limited to expiration of the permit by its terms on a specified date and termination upon change of control of the business entity. Termination of this permit is not subject to administrative appeal and shall not give rise to any claim for damages by the holder against the Forest Service.
G. REMOVAL OF TEMPORARY IMPROVEMENTS. Upon revocation or termination of this permit, the holder shall remove within a reasonable time prescribed by the authorized officer all temporary improvements, except those owned by the United States, and shall restore the site. If the holder fails to remove all temporary improvements within the prescribed period, they shall become the property of the United States and may be sold, destroyed, or otherwise disposed of without any liability to the United States. However, the holder shall remain liable for all costs associated with their removal, including costs of sale and impoundment, cleanup, and restoration of the site.
VII. MISCELLANEOUS PROVISIONS
A. ADVERTISING. The holder shall not misrepresent in any way, either orally, in its circulars, brochures, advertising, and other materials, or on its website, signs, or letterheads, any aspect of the use authorized by this permit, including services provided by the holder, the status of this permit, or the area it covers. All of the holder's circulars, brochures, and advertising and its website regarding use of the permit area shall state that the permit area is located in the National Forest or Grassland.
B. CURRENT ADDRESSES. The holder and the Forest Service shall keep each other informed of current mailing addresses, including those necessary for payment of fees.
C. SERVICES NOT PROVIDED. This permit does not provide for the furnishing of road or trail maintenance, water, fire protection, search and rescue, or any other service by a government agency, utility, association, or individual.
D. MEMBERS OF CONGRESS. No member of or delegate to Congress or resident commissioner shall benefit from this permit either directly or indirectly, except to the extent the authorized use provides a general benefit to a corporation.
E. SUPERIOR CLAUSES. In the event of any conflict between any of the preceding printed clauses and any subsequent clauses or any provisions in the appendices attached to this permit, the preceding printed clauses shall control.
This permit is accepted subject to all its terms and conditions.
HOLDER: #HOLDER_NAME# U.S. DEPARTMENT OF AGRICULTURE Forest Service
By: ______By: ______(Holder or Holder’s Agent) STEVEN LUHR District Ranger
Date: ______Date: ______
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0082. The time required to complete this information collection is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377—8642 (relay voice). USDA is an equal opportunity provider and employer. The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service.
Cheoah River Recreation Area Location Map Take Out Facility Cheoah Ranger District Graham County, North Carolina
Cheoah River
Put-In Facility Legend
River Access Areas National Forest ® Private Lands 1 inch equals 0.73 miles
Miles 0 0.25 0.5 1 1.5 2
Direct Purchase Agreement National Forests in North Carolina
USDA Forest Service National Forests in North Carolina Recreation Pass Direct Purchase Agreement For Commercial Outfitters
Authorized Contacts: Outfitter Authorized Forest Service Representative Representative Location/Outfitter
Telephone:
1. Authority
The purpose of this agreement is to authorize and establish conditions for the collection of user fees through selling recreation passes pursuant to the Federal Lands Recreation Enhancement Act, part of the 2005 Consolidated Appropriations Act (PL 108-447). The Terms, Conditions, and Responsibilities of each party to these procedures are included in this agreement.
These procedures are executed as of
2. Terms, Conditions, and Responsibilities
A. The Forest Service Shall:
(1) Provide basic information to the Outfitter on the Recreation Pass Program, including procedures for collection of user fees from the public.
(2) Provide the Outfitter with the current passes, signs, accountability forms, and handout material related to the Recreation Pass Program.
(3) Provide the Outfitter in advance the type and number of passes indicated on the Outfitter Direct Purchase Recreation Pass Product Order Form submitted by the Outfitter. These passes will be serial-numbered and the Forest Service will record the sale of Passes on “Report of
Page 1 of 4
Direct Purchase Agreement National Forests in North Carolina
Transfer or Other Disposition or Construction of Property – Form AD-107”. The Forest Service office administering these procedures will have full responsibility for the property accountability and the certifications on the AD-107 form.
(4) Bill the Outfitter at the end of the calendar year based on the Outfitters use report submitted as part of their Special Use permit. A “Bill for Collection” will be sent to the Outfitter with payment due 30 days from the issuance date.
(5) Upon receipt of written request and return of expired recreation passes, the Forest Service will provide replacement inventory.
B. The Outfitter Shall:
(1) Obtain and read the current information provided by the Forest Service. Make this information available to any employees who will be selling the passes.
(2) Submit a use report at the end of each calendar year to calculate the amount of fees in which the Forest Service will bill. The total amount due will reflect the dollar value of passes issued at the wholesale price which will reflect the face value less ten percent (10%).
(3) Submit payment in the form of a check or money order made out to the USDA Forest Service and include with the payment a copy of the Bill for Collection should be submitted to:
Post Office Address: Overnight/Courier Address: USDA Forest Service USDA Forest Service, Citibank Citibank ATTN: Box 4183 P.O. Box 894183 5860 Uplander Way Los Angeles, CA 90189-4183 Culver City, CA 90230
(4) Upon Outfitter's written request to terminate this agreement or upon expiration of the Special Use permit, the Outfitter will return all unsold Passes to the Forest Service. In turn, the Forest Service will initiate a “Report of Transfer or Other Disposition or Construction of Property – Form AD-107” to document the return.
(5) Securely store all passes to protect them from theft or unauthorized access. All passes purchased by Outfitter become the Businesses/Vendor's sole responsibility.
(6) Sell passes only from his/her place of business shown on the agreement. Page 2 of 4
Direct Purchase Agreement National Forests in North Carolina
(7) Prominently display signs and make handout material readily available to the customers.
(8) Incur postage expense for mailing reports and payments.
(9) Notify the Forest Service representative five (5) days in advance of additional needs by submitting a Recreation Pass Product Order Form.
(10) Sell passes to the public on a non-refundable basis.
(11) Return expired passes with a letter of request for exchange to the Forest Service office administering these procedures.
3. Sale of the Recreation Pass to the Public by a Outfitter
A. Outfitter will follow the current Vendor Desk Guide when selling a Recreation Pass.
Purchase Price Face Value
B. Passes may only be sold for their assigned face value. The Outfitter shall not sell passes for less than or more than assigned value.
4. Modification and Termination Clause
A. This Agreement may be modified only by a written instrument executed by the parties.
B. Either party may terminate this Agreement by providing the other party with thirty (30) days advance written notice. In the event that one party provides the other with notice of its intention to terminate, the parties will meet promptly to discuss the reasons for the notice.
C. Termination of this Agreement shall not extinguish any obligation herein with respect to
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Direct Purchase Agreement National Forests in North Carolina
Signatures:
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Page 1 of 4 STANDARD FORM 299 (1/2006)
Prescribed by DOI/USDA/DOT FORM APPROVED P.L. 96-487 and Federal APPLICATION FOR TRANSPORTATION AND OMB NO. 0596-0082 Register Notice 5-22-95 UTILITY SYSTEMS AND FACILITIES ON FEDERAL LANDS FOR AGENCY USE ONLY NOTE: Before completing and filing the application, the applicant should completely review this package Application Number and schedule a preapplication meeting with representatives of the agency responsible for processing the application. Each agency may have specific and unique requirements to be met in preparing and processing the application. Many times, with the help of the agency representative, the application can be completed at the preapplication meeting. Date Filed 1. Name and address of applicant (include zip code) Name, title, and address of authorized agent if 3. Telephone (area code) different from item 1 (include zip code)
Applicant
Authorized Agent
4. As applicant are you? (check one) 5. Specify what application is for: (check one) a. Individual a. New authorization b. Corporation* b. Renewing existing authorization No. c. Partnership/Association* c. Amend existing authorization No. d. State Government/State Agency d. Assign existing authorization No. e. Local Government e. Existing use for which no authorization has been received * f. Federal Agency f. Other*
* If checked, complete supplemental page * If checked, provide details under item 7 6. If an individual, or partnership are you a citizen(s) of the United States? Yes No 7. Project description (describe in detail): (a) Type of system or facility, (e.g., canal, pipeline, road); (b) related structures and facilities; (c) physical specifications (Length, width, grading, etc.); (d) term of years needed: (e) time of year of use or operation; (f) Volume or amount of product to be transported; (g) duration and timing of construction; and (h) temporary work areas needed for construction (Attach additional sheets, if additional space is needed.)
8. Attach a map covering area and show location of project proposal 9. State or Local government approval: Attached Applied for Not Required 10. Nonreturnable application fee: Attached Not required 11. Does project cross international boundary or affect international waterways? Yes No (if "yes," indicate on map) 12. Give statement of your technical and financial capability to construct, operate, maintain, and terminate system for which authorization is being requested.
13a. Describe other reasonable alternative routes and modes considered.
b. Why were these alternatives not selected?
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Page 2 of 4 c. Give explanation as to why it is necessary to cross Federal Lands.
14. List authorizations and pending applications filed for similar projects which may provide information to the authorizing agency. (Specify number, date, code, or name)
15. Provide statement of need for project, including the economic feasibility and items such as: (a) cost of proposal (construction, operation, and maintenance); (b) estimated cost of next best alternative; and (c) expected public benefits.
16. Describe probable effects on the population in the area, including the social and economic aspects, and the rural lifestyles.
17. Describe likely environmental effects that the proposed project will have on: (a) air quality; (b) visual impact; (c) surface and ground water quality and quantity; (d) the control or structural change on any stream or other body of water; (e) existing noise levels; and (f) the surface of the land, including vegetation, permafrost, soil, and soil stability.
18. Describe the probable effects that the proposed project will have on (a) populations of fish, plantlife, wildlife, and marine life, including threatened and endangered species; and (b) marine mammals, including hunting, capturing, collecting, or killing these animals.
19. State whether any hazardous material, as defined in this paragraph, will be used, produced, transported or stored on or within the right-of-way or any of the right-of-way facilities, or used in the construction, operation, maintenance or termination of the right-of-way or any of its facilities. "Hazardous material" means any substance, pollutant or contaminant that is listed as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq., and its regulations. The definition of hazardous substances under CERCLA includes any "hazardous waste" as defined in the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6901 et seq., and its regulations. The term hazardous materials also includes any nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq. The term does not include petroleum, including crude oil or any fraction thereof that is not otherwise specifically listed or designated as a hazardous substance under CERClA Section 101(14), 42 U.S.C. 9601(14), nor does the term include natural gas.
20. Name all the Department(s)/Agency(ies) where this application is being filed.
I HEREBY CERTIFY, That I am of legal age and authorized to do business in the State and that I have personally examined the information contained in the application and believe that the information submitted is correct to the best of my knowledge. Signature of Applicant Date
Title 18, U.S.C. Section 1001, makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction.
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Page 3 of 4
GENERAL INFORMATION Department of Transportation ALASKA NATIONAL INTEREST LANDS Federal Aviation Administration Alaska Region AAL-4, 222 West 7th Ave., Box 14 This application will be used when applying for a right-of-way, permit, license, lease, Anchorage, Alaska 99513-7587 or certificate for the use of Federal lands which lie within conservation system units Telephone: (907) 271-5285 and National Recreation or Conservation Areas as defined in the Alaska National Interest lands Conservation Act. Conservation system units include the National Park NOTE - The Department of Transportation has established the above central System, National Wildlife Refuge System, National Wild and Scenic Rivers System, filing point for agencies within that Department. Affected agencies are: Federal National Trails System, National Wilderness Preservation System, and National Aviation Administration (FAA), Coast Guard (USCG), Federal Highway Administration (FHWA), Federal Railroad Administration (FRA). Forest Monuments.
Transportation and utility systems and facility uses for which the application may be OTHER THAN ALASKA NATIONAL INTEREST LANDS used are: Use of this form is not limited to National Interest Conservation Lands of Alaska. 1. Canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other systems for the transportation of water. Individual department/agencies may authorize the use of this form by applicants for transportation and utility systems and facilities on other Federal lands outside
2. Pipelines and other systems for the transportation of liquids other than water, those areas described above. including oil, natural gas, synthetic liquid and gaseous fuels, and any refined product produced therefrom. For proposals located outside of Alaska, applications will be filed at the local agency office or at a location specified by the responsible Federal agency.
3. Pipelines, slurry and emulsion systems, and conveyor belts for transportation of SPECIFIC INSTRUCTIONS solid materials. (Items not listed are self-explanatory) 7 Attach preliminary site and facility construction plans. The responsible agency will provide instructions whenever specific plans are required. 4. Systems for the transmission and distribution of electric energy.
5. Systems for transmission or reception of radio, television, telephone, telegraph, 8 Generally, the map must show the section(s), township(s), and range(s) within which the project is to be located. Show the proposed location of and other electronic signals, and other means of communications. the project on the map as accurately as possible. Some agencies require
6. Improved right-of-way for snow machines, air cushion vehicles, and all-terrain detailed survey maps. The responsible agency will provide additional vehicles. instructions.
7. Roads, highways, railroads, tunnels, tramways, airports, landing strips, docks, 9 , 10, and 12 The responsible agency will provide additional instructions. and other systems of general transportation. 13 Providing information on alternate routes and modes in as much detail as This application must be filed simultaneously with each Federal department or agency possible, discussing why certain routes or modes were rejected and why requiring authorization to establish and operate your proposal. it is necessary to cross Federal lands will assist the agency(ies) in processing your application and reaching a final decision. Include only
In Alaska, the following agencies will help the applicant file an application and identify reasonable alternate routes and modes as related to current technology the other agencies the applicant should contact and possibly file with: and economics.
Department of Agriculture 14 The responsible agency will provide instructions. Regional Forester, Forest Service (USFS) 15 Generally, a simple statement of the purpose of the proposal will be Federal Office Building, sufficient. However, major proposals located in critical or sensitive areas P.O. Box 21628 may require a full analysis with additional specific information. The Juneau, Alaska 99802-1628 responsible agency will provide additional instructions. Telephone: (907) 586-7847 (or a local Forest Service Office)
16 through 19 Providing this information is as much detail as possible will Department of the Interior Bureau of Indian Affairs (BIA) assist the Federal agency(ies) in processing the application and reaching a decision. When completing these items, you should use a sound Juneau Area Office judgment in furnishing relevant information. Fore example, if the project Federal Building Annex is not near a stream or other body of water, do not address this subject. 9109 Mendenhall Mall Road, Suite 5 The responsible agency will provide additional instructions. Juneau, Alaska 99802 Telephone: (907) 586-7177 Application must be signed by the applicant or applicant's authorized representative. Department of the Interior Bureau of Land Management 222 West 7th Avenue EFFECT OF NOT PROVIDING INFORMATION: Disclosure of the information is voluntary. If all the information is not provided, the application may be rejected. P.O. Box 13 Anchorage, Alaska 99513-7599 DATA COLLECTION STATEMENT Telephone: (907) 271-5477 (or a local BLM Office) The Federal agencies collect this information from applicants requesting right-of way, permit, license, lease, or certification for the use of Federal lands. The U.S. Fish & Wildlife Service (FWS) National Park Service (NPA) Office of the Regional Director Alaska Regional Office, Federal agencies use this information to evaluate the applicant's proposal. The 1011 East Tudor Road 2225 Gambell St., Rm. 107 public is obligated to submit this form if they wish to obtain permission to use Federal lands. Anchorage, Alaska 99503 Anchorage, Alaska 99502-2892 Telephone: (907) 786-3440 Telephone: (907) 786-3440
Note - Filings with any Interior agency may be filed with any office noted above or with the Office of the Secretary of the Interior, Regional Environmental Office,r P.O. Box 120, 1675 C Street, Anchorage, Alaska 9513.
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Page 4 of 4
SUPPLEMENTAL NOTE: The responsible agency(ies) will provide instructions CHECK APPROPRIATE BLOCK I - PRIVATE CORPORATIONS ATTACHED FILED* a. Articles of Incorporation b. Corporation Bylaws c. A certification from the State showing the corporation is in good standing and is entitled to operate within the State c. Copy of resolution authorizing filing e. The name and address of each shareholder owning 3 percent or more of the shares, together with the number and percentage of any class of voting shares of the entity which such shareholder is authorized to vote and the name and address of each affiliate of the entity together with, in the case of an affiliate controlled by the entity, the number of shares and the percentage of any class of voting stock of that affiliate owned, directly or indirectly, by that entity, and in the case of an affiliate which controls that entity, the number of shares and the percentage of any class of voting stock of that entity owned, directly or indirectly, by the affiliate. f. If application is for an oil or gas pipeline, describe any related right-of-way or temporary use permit applications, and identify previous applications. g. If application is for an oil and gas pipeline, identify all Federal lands by agency impacted by proposal.
II - PUBLIC CORPORATIONS a. Copy of law forming corporation b. Proof of organization c. Copy of Bylaws d. Copy of resolution authorizing filing e. If application is for an oil or gas pipeline, provide information required by item "I-f" and "I-g" above.
III - PARTNERSHIP OR OTHER UNINCORPORATED ENTITY a. Articles of association, if any b. If one partner is authorized to sign, resolution authorizing action is c. Name and address of each participant, partner, association, or other d. If application is for an oil or gas pipeline, provide information required by item "I-f" and "I-g" above.
* If the required information is already filed with the agency processing this application and is current, check block entitled "Filed." Provide the file identification information (e.g., number, date, code, name). If not on file or current, attach the requested information.
NOTICE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0082.
This information is needed by the Forest Service to evaluate the requests to use National Forest System lands and manage those lands to protect natural resources, administer the use, and ensure public health and safety. This information is required to obtain or retain a benefit. The authority for that requirement is provided by the Organic Act of 1897 and the Federal Land Policy and Management Act of 1976, which authorize the secretary of Agriculture to promulgate rules and regulations for authorizing and managing National Forest System lands. These statutes, along with the Term Permit Act, National Forest Ski Area Permit Act, Granger-Thye Act, Mineral Leasing Act, Alaska Term Permit Act , Act of September 3, 1954, Wilderness Act, National Forest Roads and Trails Act, Act of November 16, 1973, Archeological Resources Protection Act, and Alaska National Interest Lands Conservation Act, authorize the Secretary of Agriculture to issue authorizations or the use and occupancy of National Forest System lands. The Secretary of Agriculture's regulations at 36 CFR Part 251, Subpart B, establish procedures for issuing those authorizations.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service.
Public reporting burden for this collection of information is estimated to average 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Microsoft Word 2000 Verison 9.0.2720 2010 OPERATING PLAN WHITEWATER RAFTING ON THE CHEOAH RIVER
CHEOAH RANGER DISTRICT NANTAHALA NATIONAL FOREST
As referenced by Clause VII.C.6. of the special use permit, this document is part of the said permit. The holder agrees to abide by the following:
I. DESCRIPTION AND LOCATION
This operation plan applies to the Cheoah River from the Put In at Santeetlah Dam to the Take Out on Calderwood Lake, and all adjacent National Forest lands.
II. SCHEDULE OF ACTIVITIES
The schedule will be updated by October 30th of each year. Information will be sent to District Ranger, Cheoah Ranger District, 1070 Massey Branch Road, Robbinsville, NC 28771.
Name of Business Manager Emergency Telephone Numbers Operation season and hours of operation each day will be based on the Cheoah River Release Schedule (attached).
The holder shall provide a list of guides, their qualifications, and training. Holder will send this information on new guides within seven (7) days after hiring.
III. SAFETY SECTION
Emergency Procedures
In the event of a serious accident or death of a client of the Holder or an employee of the Holder, the Forest Service and the appropriate county Sheriff must be notified immediately and an accident report must be filed with the Forest Service within 24 hours. Any accident requiring first aid or medical attention must be reported by the 5th of the following month.
911 (Graham County) Graham County Sheriff 479-3352 Cheoah Ranger Office 479-6431 Lauren Stull (Deputy District Ranger) 479-6431 Scott Haas 479-6431 2010 Operating Plan Whitewater Rafting on the Cheoah River
IV. SAFETY REQUIREMENTS
A. Personal Flotation Vest: All river users, authorized by this permit, shall wear a Coast Guard approved personal flotation vest-type jacket. All commercial rafting guests must wear a type V, guides and instruction guests must wear a type III. All life jackets must be of an appropriate size and design to fit securely and must meet the rated floatability standard printed on the jacket.
B. Craft: All craft must be river worthy and inflated craft must have a minimum of four (4) internal air chambers. Each craft must be marked with the company’s name or logo. (Initials may be used if agreed upon prior to the season and approved by the Forest Service). Letters must be at least 6” high. Identification must be on both sides of all craft.
When rafts are sold, the name is to be removed from that craft. All equipment must carry the name of the current permit holder. Borrowed craft may only be borrowed from a permitted outfitter.
Helmets: All persons shall wear a fastened helmet at all times when on water of Class III or greater difficulty.
Vehicles: All vehicles must be clearly identified with the company name or logo.
First Aid Kit: Each raft trip must have 2 fully equipped first aid kits, one in the lead raft and one in the back raft. An adequate first aid kit should contain:
1 set (2) large gauze pads 1 pair of Scissors 1 set (2) small gauze pads 1 penlight 10 bandaids 1 tweezers 10 butterfly closures 3" ace bandages 10 swabs or liquid Betadine 1 space blanket 1 roll of adhesive tape 1 insta-glucose pad and pen or pencil sting swabs 2 sanitary napkins 1 cold pack 1 gauze roller bandages splints 2 tampax Bio Bag 3 triangle bandages Bag of Gloves assorted safety pins
All contents must be kept in good condition.
Guides: Each raft must have one guide; trip size must be no more than 8 rafts per group and each trip must have one kayak support guide; no more than 32 guests per trip with a maximum of 120 guests per day.
Rope: One buoyant heaving line, 3/8-inch minimum diameter and a minimum of fifty feet in length shall be carried on board each guided craft, and kayak support.
Safety: A safety talk before each trip will be required. This talk will cover such items as the need for a PFD and what to do if your craft overturns, or if you fall out of the boat. For guided trips also cover tossing and catching the buoyant heaving line.
2 2010 Operating Plan Whitewater Rafting on the Cheoah River
C. Guide Qualifications and Testing Requirement
1. All guides must possess a current First Aid certificate, and a current certificate for cardiopulmonary resuscitation (CPR) as certified by the American Red Cross or American Heart Association, or their equivalent.
2. Each raft guide shall have made a minimum of five (5) trips down the river before assuming responsibilities as a guide. The raft guide must run the river in the craft or crafts that will be used when offering guide services. Kayak support guides must have had two trips down the river.
3. All guides must be at least eighteen (18) years of age. Exceptions will be requested in writing and approved in writing by the District Ranger.
4. No person under the age of 16 shall be provided commercial rafting services on the Cheoah River.
5. Alcoholic beverages are prohibited on the river. No alcoholic beverages or illegal drugs shall be consumed immediately before or during any raft trip or while on National Forest land. Persons determined to be under the influence of drugs or alcohol will not be allowed to participate in a raft trip. To minimize the risk of injury and littering, no glass or other open beverage containers will be allowed on the river by customers.
D. Use of National Forest Lands and related facilities
1. The Cheoah River Launch Site (CRLS) will be the primary launch site used by commercial outfitters. The Cheoah River Launch Site can be used as a parking area for customers of outfitters. In special circumstances, two other designated launch sites will be available.
2. The holder is expected to schedule craft operations with consideration of other users. This includes other commercial operations, private paddlers not using the services of a commercial outfitter and organized events. The Holder must identify “borrowed” craft to the Forest Service. When the Holder sells equipment, the Holder must remove his company name/or logo from it.
3. National Forest System lands within the immediate area of the CRLS are public lands administered by the Forest Service. The take-out site on Calderwood Lake is administered by the Tapoco division of Alcoa Power Generating Inc. The Holder is not allowed to double-park, park in any area not designated for parking or park in violation of any posted sign. This includes the shoulders of US129 where the highway is located on National Forest System lands. Staging areas will be provided for busses of holders prior to picking up their group at the take out.
4. On National Forest System lands, the Holder will park, load and unload craft, and drive vehicles in a safe, courteous manner without causing traffic congestion.
5. Unloading of craft in the designated area at the Cheoah River Launch Site will be limited to one (1) hour. Holder must unload bus, launch craft and remove buses from parking lot during this period.
6. No rafts will be staged at the Cheoah River Launch site at any time.
3 2010 Operating Plan Whitewater Rafting on the Cheoah River
V. TRIP SCHEDULING
A. The Forest Service has designed a Launch Schedule for the Cheoah River Launch Site for outfitters as well as the general public (see attached).
B. Outfitters must identify non commercial trips by placing a piece of bright red plastic ribbon at least six inches in length before and after the outfitters name on each side of rafts or in the bow and stern of funyaks and canoes.
VI. CLIENT USER FEE COLLECTION AND PAYMENT
A client user fee of $2.00 per person will be collected from each person prior to entry to the river.
This fee will be collected from each client using the Cheoah River to be held until remitted to the Forest Officer.
VII. PERFORMANCE EVALUATION
A. Performance evaluations shall be conducted annually for the purpose of determining compliance with this permit.
B. There are 3 main categories of criteria for the evaluation:
1. Health and Safety 2. Use Allocation 3. Business Management
The rating for the performance evaluation is based on the amount and type of documented occurrences of non-compliance you have been issued.
To receive an acceptable rating, you must have:
0/ Documented occurrences of non-compliance in Health & Safety,
AND, 0 Documented occurrences of non-compliance in Use Allocation,
AND, 3 or less Documented occurrences of non-compliance in Business Mgmt.
You receive a probationary rating for any of the following:
1 Documented occurrence of non-compliance in Health & Safety,
OR 1 Documented occurrences of non-compliance in Use Allocation,
OR 4 Documented occurrences of non-compliance in Business Mgmt.
4 2010 Operating Plan Whitewater Rafting on the Cheoah River
You receive an unacceptable rating for any of the following:
2 or more Documented occurrences of non-compliance in Health & Safety,
OR 2 or more Documented occurrences of non-compliance in Use Allocation, OR 5 or more Documented occurrences of non-compliance in Business Mgmt.
A “documented occurrence of non-compliance” is an official record of performance that does not comply with the clauses or operating plan in this permit. This official record is filed in the permit folder at the Cheoah Ranger District Office.
An acceptable rating is required annually to satisfy conditions for permits authorizing priority use.
A 2-year record of probationary ratings or a 1-year record of an unacceptable rating is grounds for permit termination.
VIII. PROCEDURES FOR MAJOR STORM EVENTS AND LOW FLOW EVENTS
When a major storm event occurs and Alcoa Power Generating, Inc. (APGI) is releasing water at a rate of 2,500 cfs or greater from the Tapoco Dam, a Forest Service representative will notify each outfitter that the river is unsafe for whitewater rafting.
IX. INTERPRETATION OF PERMIT
District Ranger will provide interpretation of the commercial use permit and this operating plan. (Holders may appeal the interpretation to the Forest Supervisor through the established appeal process.)
______Name of Holder Phone
______Signature of Holder Date
______District Ranger Date
5
2010 OPERATING PLAN WHITEWATER RAFTING ON THE CHEOAH RIVER
CHEOAH RANGER DISTRICT NANTAHALA NATIONAL FOREST
As referenced by Clause VII.C.6. of the special use permit, this document is part of the said permit. The holder agrees to abide by the following:
I. DESCRIPTION AND LOCATION
This operation plan applies to the Cheoah River from the Put In at Santeetlah Dam to the Take Out on Calderwood Lake, and all adjacent National Forest lands.
II. SCHEDULE OF ACTIVITIES
The schedule will be updated by October 30th of each year. Information will be sent to District Ranger, Cheoah Ranger District, 1070 Massey Branch Road, Robbinsville, NC 28771.
Name of Business Manager Emergency Telephone Numbers Operation season and hours of operation each day will be based on the Cheoah River Release Schedule (attached).
The holder shall provide a list of guides, their qualifications, and training. Holder will send this information on new guides within seven (7) days after hiring.
III. SAFETY SECTION
Emergency Procedures
In the event of a serious accident or death of a client of the Holder or an employee of the Holder, the Forest Service and the appropriate county Sheriff must be notified immediately and an accident report must be filed with the Forest Service within 24 hours. Any accident requiring first aid or medical attention must be reported by the 5th of the following month.
911 (Graham County) Graham County Sheriff 479-3352 Cheoah Ranger Office 479-6431 Lauren Stull (Deputy District Ranger) 479-6431 Scott Haas 479-6431
2010 Operating Plan Whitewater Rafting on the Cheoah River
IV. SAFETY REQUIREMENTS
A. Personal Flotation Vest: All river users, authorized by this permit, shall wear a Coast Guard approved personal flotation vest-type jacket. All commercial rafting guests must wear a type V, guides and instruction guests must wear a type III. All life jackets must be of an appropriate size and design to fit securely and must meet the rated floatability standard printed on the jacket.
B. Craft: All craft must be river worthy and inflated craft must have a minimum of four (4) internal air chambers. Each craft must be marked with the company’s name or logo. (Initials may be used if agreed upon prior to the season and approved by the Forest Service). Letters must be at least 6” high. Identification must be on both sides of all craft.
When rafts are sold, the name is to be removed from that craft. All equipment must carry the name of the current permit holder. Borrowed craft may only be borrowed from a permitted outfitter.
Helmets: All persons shall wear a fastened helmet at all times when on water of Class III or greater difficulty.
Vehicles: All vehicles must be clearly identified with the company name or logo.
First Aid Kit: Each raft trip must have 2 fully equipped first aid kits, one in the lead raft and one in the back raft. An adequate first aid kit should contain:
1 set (2) large gauze pads 1 pair of Scissors 1 set (2) small gauze pads 1 penlight 10 bandaids 1 tweezers 10 butterfly closures 3" ace bandages 10 swabs or liquid Betadine 1 space blanket 1 roll of adhesive tape 1 insta-glucose pad and pen or pencil sting swabs 2 sanitary napkins 1 cold pack 1 gauze roller bandages splints 2 tampax Bio Bag 3 triangle bandages Bag of Gloves assorted safety pins
All contents must be kept in good condition.
Guides: Each raft must have one guide; trip size must be no more than 8 rafts per group and each trip must have one kayak support guide; no more than 32 guests per trip with a maximum of 120 guests per day.
Rope: One buoyant heaving line, 3/8-inch minimum diameter and a minimum of fifty feet in length shall be carried on board each guided craft, and kayak support.
Safety: A safety talk before each trip will be required. This talk will cover such items as the need for a PFD and what to do if your craft overturns, or if you fall out of the boat. For guided trips also cover tossing and catching the buoyant heaving line.
2 2010 Operating Plan Whitewater Rafting on the Cheoah River
C. Guide Qualifications and Testing Requirement
1. All guides must possess a current First Aid certificate, and a current certificate for cardiopulmonary resuscitation (CPR) as certified by the American Red Cross or American Heart Association, or their equivalent.
2. Each raft guide shall have made a minimum of five (5) trips down the river before assuming responsibilities as a guide. The raft guide must run the river in the craft or crafts that will be used when offering guide services. Kayak support guides must have had two trips down the river.
3. All guides must be at least eighteen (18) years of age. Exceptions will be requested in writing and approved in writing by the District Ranger.
4. No person under the age of 16 shall be provided commercial rafting services on the Cheoah River.
5. Alcoholic beverages are prohibited on the river. No alcoholic beverages or illegal drugs shall be consumed immediately before or during any raft trip or while on National Forest land. Persons determined to be under the influence of drugs or alcohol will not be allowed to participate in a raft trip. To minimize the risk of injury and littering, no glass or other open beverage containers will be allowed on the river by customers.
D. Use of National Forest Lands and related facilities
1. The Cheoah River Launch Site (CRLS) will be the primary launch site used by commercial outfitters. The Cheoah River Launch Site can be used as a parking area for customers of outfitters. In special circumstances, two other designated launch sites will be available.
2. The holder is expected to schedule craft operations with consideration of other users. This includes other commercial operations, private paddlers not using the services of a commercial outfitter and organized events. The Holder must identify “borrowed” craft to the Forest Service. When the Holder sells equipment, the Holder must remove his company name/or logo from it.
3. National Forest System lands within the immediate area of the CRLS are public lands administered by the Forest Service. The take-out site on Calderwood Lake is administered by the Tapoco division of Alcoa Power Generating Inc. The Holder is not allowed to double-park, park in any area not designated for parking or park in violation of any posted sign. This includes the shoulders of US129 where the highway is located on National Forest System lands. Staging areas will be provided for busses of holders prior to picking up their group at the take out.
4. On National Forest System lands, the Holder will park, load and unload craft, and drive vehicles in a safe, courteous manner without causing traffic congestion.
5. Unloading of craft in the designated area at the Cheoah River Launch Site will be limited to one (1) hour. Holder must unload bus, launch craft and remove buses from parking lot during this period.
6. No rafts will be staged at the Cheoah River Launch site at any time.
3 2010 Operating Plan Whitewater Rafting on the Cheoah River
V. TRIP SCHEDULING
A. The Forest Service has designed a Launch Schedule for the Cheoah River Launch Site for outfitters as well as the general public (see attached).
B. Outfitters must identify non commercial trips by placing a piece of bright red plastic ribbon at least six inches in length before and after the outfitters name on each side of rafts or in the bow and stern of funyaks and canoes.
VI. CLIENT USER FEE COLLECTION AND PAYMENT
A client user fee of $2.00 per person will be collected from each person prior to entry to the river.
This fee will be collected from each client using the Cheoah River to be held until remitted to the Forest Officer.
VII. PERFORMANCE EVALUATION
A. Performance evaluations shall be conducted annually for the purpose of determining compliance with this permit.
B. There are 3 main categories of criteria for the evaluation:
1. Health and Safety 2. Use Allocation 3. Business Management
The rating for the performance evaluation is based on the amount and type of documented occurrences of non-compliance you have been issued.
To receive an acceptable rating, you must have:
0/ Documented occurrences of non-compliance in Health & Safety,
AND, 0 Documented occurrences of non-compliance in Use Allocation,
AND, 3 or less Documented occurrences of non-compliance in Business Mgmt.
You receive a probationary rating for any of the following:
1 Documented occurrence of non-compliance in Health & Safety,
OR 1 Documented occurrences of non-compliance in Use Allocation,
OR 4 Documented occurrences of non-compliance in Business Mgmt.
4 2010 Operating Plan Whitewater Rafting on the Cheoah River
You receive an unacceptable rating for any of the following:
2 or more Documented occurrences of non-compliance in Health & Safety,
OR 2 or more Documented occurrences of non-compliance in Use Allocation, OR 5 or more Documented occurrences of non-compliance in Business Mgmt.
A “documented occurrence of non-compliance” is an official record of performance that does not comply with the clauses or operating plan in this permit. This official record is filed in the permit folder at the Cheoah Ranger District Office.
An acceptable rating is required annually to satisfy conditions for permits authorizing priority use.
A 2-year record of probationary ratings or a 1-year record of an unacceptable rating is grounds for permit termination.
VIII. PROCEDURES FOR MAJOR STORM EVENTS AND LOW FLOW EVENTS
When a major storm event occurs and Alcoa Power Generating, Inc. (APGI) is releasing water at a rate of 2,500 cfs or greater from the Tapoco Dam, a Forest Service representative will notify each outfitter that the river is unsafe for whitewater rafting.
IX. INTERPRETATION OF PERMIT
District Ranger will provide interpretation of the commercial use permit and this operating plan. (Holders may appeal the interpretation to the Forest Supervisor through the established appeal process.)
______Name of Holder Phone
______Signature of Holder Date
______District Ranger Date
5 UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE NATIONAL FORESTS IN NORTH CAROLINA
Order Number XX-XX-2005
PROHIBITED ACTS -CHEOAH RIVER AREA
Pursuant to 36 CFR 261.50(a) and (b), the following acts are prohibited on a 7.5 mile section of the Cheoah River and adjacent National Forest Lands in Graham County, North Carolina and further described on the closure order map. Prohibitions One (1) and Two (2) will be in effect year round. Prohibitions Three (3), Four (4), five (5) and Six (6) will be in effect on designated high river flow days.
(1) Possessing a beverage, which is defined as an alcoholic beverage by State law on or within 500 feet of the Cheoah River. 261.58(bb)
(2) Camping within 500 feet of the Cheoah River. 261.58(e)
High river flow days will be identified and posted by January 1st of each year.
(3) Floating, rafting, tubing, or boating on the Cheoah River between sunset and sunrise. 261.58(l).
(4) Parking within 500 feet of the Cheoah River, except in designated parking areas. 261.58(g).
(5) Using watercraft other than non-motorized hard bottom canoes and kayaks, and inflatable watercraft with a minimum of four (4) internal air chambers. 261.53(e).
(6) Using watercraft without wearing a helmet and a properly fitted personal floatation device (PFD) rated “Coast Guard Approved (Type III, IV, or V)”. 261.53(e).
Pursuant to 36 CFR 261.50 (e), the following persons are exempted from this order:
(1) Persons with a permit from the authorized Forest Service Officer specifically authorizing an otherwise prohibited act or omission.
(2) Any Federal, State, or local officer, or member of an organized rescue or firefighting force in the performance of an official duty.
These prohibitions are in addition to the general prohibitions in 36 CFR 261, Subpart A.
Executed in Asheville, North Carolina this ______day of August, 2005.
______MONICA J. SCHWALBACH Acting Forest Supervisor National Forests in North Carolina
Violation of these prohibitions is punishable by a fine of not more than $5,000 or $10,000 for an organization, or imprisonment for not more than six months, or both (16 USC 551 and 18 USC 3559 and 3571).
Appendix X
Cheoah Ranger District Nantahala National Forest
Sample Outfitter-Guide Business Plan
Name of Company: ______
Address: ______
City______St_____Zip______
Company Contact: ______
Phone: _(______)______
Part I – The Business
Purpose and Goals
As you plan for your business, it is important to set goals for the future. Although this is difficult and time consuming, the final reward is worth the effort. As you fill in the following, be as realistic as you can. Answers you develop now will be the basis for your business plan.
What is your purpose in pursuing this business?
Define your business goals for the next year and what you foresee five years from now.
2 Description of your Business
This section should describe the nature and purpose of your company, background on the industry and what opportunities you see for its products or services. If provides you with insights that allow you to better correlate the projections and estimates needed in subsequent sections.
Brief description of the business:
Briefly describe your knowledge of this industry:
List the products and services you will provide:
3 LEGAL STRUCTURE
There are several ways in which your business can be legally organized. To determine the best one for you and your organization, you need to seek competent legal and tax advice.
How is your company legally organized?
Are your currently registered with the State of North Carolina? If so, what is your registration number?
Include any appropriate information, shareholder or partnership agreements and complete the following list of owners:
Name Address SSN % Ownership
4 LOCATION OF YOUR OPERATION
Describe the planned geographical location of your operations and discuss any advantages or disadvantages of the area(s) in terms of access, desirability, safety concerns or risk, other alternative locations and any facilities, which may be connected to the location that you desire.
Planned geographic location(s) for operations.
Discuss advantages and disadvantages of the area location(s).
Describe your approach to overcoming any problems.
5 MARKET AND CUSTOMERS
The purpose of this section is to present sufficient facts to convince the evaluator that the service that you are proposing has a substantial market and can be successful in the face of the competition. Discuss who are the customers that you plan to serve and where will they come from.
Describe your anticipated target market (e.g. age, income, hobbies, regional, national, international).
Describe the size of the current total market and potential annual growth.
Discuss your advertising campaign in terms of how you will advertise, when, where, and estimated annual costs.
6 COMPETITIVE ANALYSIS
Each business has (or should have) a uniqueness, which separates it from its competitors. Make a realistic assessment of the strengths and weaknesses of competitive services and determine how you can compete in the market. Compare competing services on the basis of image, location, price, advertising and other features.
Identify who your competition is
Discuss their strengths and weaknesses
Compare your service on key areas. Rank yourself and your competitors on a scale of 1 (high) to 5 (low). Remember – no ties.
Competition Area of Comparison You A B C D Image Location Price Advertising Service Uniqueness Experience/Knowledge
Why do you think you can compete with your competitors and capture a share of the market?
7 MANAGEMENT
Your management team is the key to turning your good idea into a successful business. The evaluator looks for a committed management team with a proper balance of technical, managerial and business skills and experience in doing what is proposed.
List owners and key management personnel and they’re primary duties.
Discuss any experience where the above persons have worked together that indicates how their skills complement each other and result in an effective management team.
List the advisors and consultants that you have selected for your business. Capable, reputable and well known supporting organizations cannot only provide significant direct, professional assistance but can also add to the credibility of your venture.
Accountant______
Attorney______
Banker______
Insurance Broker______
Advertising______
Others______
8 PERSONNEL
One of the key elements in any business is PEOPLE. Explain how you plan to recruit, develop and maintain your workers. List the number of employees that you have, as well as their job titles and required skills.
Identify essential employees, their job titles and required skills.
Identify the source and your plan to recruit essential employees.
Discuss any training, or retraining that you plan for your employees. Also, discuss any certifications that your employees will have that are necessary for your operations.
9 Applicant is required to submit all items requested below. Failure to receive these items could adversely affect the evaluation of the applicant’s proposal.
Part II. Financial Data
______Monthly Cash Flow Projection – Form attached
______Start-Up Income Projection – Form Attached
Part III. Historical Financial Reports for Existing Business
______Balance Sheet (past three years) – Form Attached
______Income Statement (past three years) – Form Attached
______Tax Returns (past three years)
______Current Credit Report from Major Credit Bureau Credit Reports can be obtained by calling 1-800685-1111
Part IV. Supporting Documents
______Personal resumes of Business Owners
______Personal Financial Statement of Business Owners- Form Attached
______Bank or Investor Letters of Intent to Finance Operations
______Copies of Pertinent Existing Permits, Licenses Applicable to Your Business.
10 START-UP INCOME STATEMENT PROJECTION
Income Statements, also called Profit and Loss Statements, complement balance sheets. The balance sheet gives a static picture of the company at a given point in time. The income statement provides a moving picture of the company during a particular period of time.
Income projections are forecasting and budgeting tools estimating income and anticipating expenses in the near to middle range feature. For most businesses income projections covering one to three years are more than adequate.
While no set of projections will be 100% accurate, experience and practice tend to make the projections more precise. Even if your income projections are not accurate, they will provide you with a rough set of benchmarks to test your progress toward short-term goals. They become the base of your budgets.
The reasoning behind income projection is: Since most expenses are predictable and income doesn’t fluctuate too drastically, the future will be much like the past. For example, if your gross margin has historically been 30% of net sales, it will continue to be 30% of net sales. If you are in a start-up situation, look for financial statement information and income ratios for businesses similar to yours.
Try to understate your expected sales and overstate your expenses. It is better to exceed a conservative budget than to fall below optimistic projections. However, being too far under can also create problems, such as not having enough capital to finance growth. Basing income projections on hopes or unjustified fears is hazardous to your business’ health. Be realistic; your budget is an extension of your forecast.
11 THREE-YEAR INCOME STATEMENT
For those already in business -This information can be retrieved from income tax returns or from record keeping.
Revenue 2007 2008 2009
Net Sales $ ______$______$______
Cost of Goods (COGS)
Cost of Materials $______$______$______
Variable Labor $______$______$______
Cost of Goods Sold $______$______$______
Gross Margin $______$______$______
Operating Expenses
Salaries $______$______$______
Payroll taxes/benefits $______$______$______
Rent/Mortgage $______$______$______
Utilities/phone $______$______$______
Vehicles/Livestock $______$______$______
Supplies $______$______$______
Advertising $______$______$______
Insurance $______$______$______
Licenses $______$______$______
Interest $______$______$______
Depreciation $______$______$______
Legal/Accounting $______$______$______
Total Operating Expenses $______$______$______
Net Profit (Loss) Pre-Tax $______$______$______
12 Operation Plan Commercial Outfitters and Guides Nantahala National Forest Cheoah Ranger District
This operating plan is what the Forest Service uses in determining whether to issue you a permit. Once the permit is issued, this plan will become part of your permit requirements and will be evaluated at the end of your operating season.
COMPANY NAME______
Owner/Partner(s) Names______
Address______
Phone: Business (_____)______Home(______)______
Designated Agent______
A. HISTORY OF OPERATION
1. Year that company was established ______Years with current ownership ______
2. Previous or current Outfitter-Guide Permits held with the Forest Service or BLM.
Type of Activity Forest/Resource Area Year
3. Previous work/business experience applicable to proposed operations:
13 B. MISSION, GOALS, OBJECTIVES
Briefly describe your overall philosophy of operation, goals for visitor service, care of land and resources and Wilderness objectives if your planned activities included Wilderness operations.
C. DESCRIPTION OF THE OPERATION
1. Briefly describe the type of operation that you are proposing and how your business will be conducted. Describe numbers of anticipated guests and staff per trip and how will guests be cared for from arrival to departure. Leave No Trace Techniques used.
14 2. Describe any proposed services, recruitment policies, or equipment that benefits guests that are disabled, economically disadvantaged or belong to minority or urban populations.
3. Other Equipment – Describe the number, type and condition of equipment (4wd’s, mountain bikes, rafts, ATV’s, etc.) that will be used for the proposed operation.
4. Emergency Preparedness – Describe communications, evacuation procedures, first aid equipment, rescue methods, and other safety precautions that you will employ for the proposed operation.
15 D. STAFF QUALIFICATIONS, TRAINING, CERTIFICATIONS
1. Education of owners/partners that is applicable to proposed operations:
School/Institution Degree/Certification Year
2. List names and positions, and certification/qualification of employees.
Name Position Training/Certification
16 E. INTERPRETIVE AND EDUCATIONAL APPROACHES
Describe any techniques, programs or approaches that you will use in the proposed operations to interpret and/or educate your guests on the natural and human history of the area, Wilderness philosophy, and National Forest management objectives.
17