Prospectus for an Opportunity for Outfitting and Guiding on the Clackamas River of The

United States Department of Agriculture

Prospectus for an Opportunity for Outfitting and Guiding on the Clackamas River of the

Mt. Hood National Forest U.S. DEPARTMENT OF AGRICULTURE

Forest Service Mt. Hood National Forest Clackamas River Ranger District

December 2019 Contents

I. Business Opportunity ...... 2 Introduction ...... 2 Area Description ...... 2 Offering ...... 3 II. Forest Service Program and Policies ...... 5 Definitions ...... 5 Advertising ...... 5 Record Keeping ...... 5 Non-Discrimination ...... 6 Outfitter and Guide Policy ...... 6 Fees ...... 6 Performance Evaluations ...... 6 III. Special Considerations ...... 6 NEPA ...... 6 IV. Special Use Permit ...... 7 Permit Term ...... 7 Insurance ...... 7 Outfitter License ...... 8 V. Application ...... 8 Instructions for Submitting Applications ...... 8 Application Package Requirements ...... 9 Evaluation of Applications ...... 10 VI. Post Selection Requirements...... 11

Appendices

Appendix 1: Vicinity and Area Maps Appendix 2: River Outfitter / Guide Operating Standards Appendix 3: Inspection Form Appendix 4: Performance Evaluation Appendix 5: Operating Plan Outline Appendix 6: Sample Use Report Appendix 7: Sample Permit Appendix 8: Initial and Secondary Screening Checklist

i Prospectus for Outfitting and Guiding Opportunities on the Clackamas River, Mt. Hood National Forest

I. Business Opportunity Introduction The Clackamas River Ranger District, Mt. Hood National Forest has identified a need for additional outfitting and guiding services on the Clackamas River.

The Forest Service is seeking applications for the use of National Forest System lands by commercial companies that provide public services, do not require new permanent structures or development on public lands, and are compatible with the multiple use management objectives in the Mt. Hood National Forest Land and Resource Management Plan (Forest Plan).

This prospectus is being issued to solicit applications for commercial outfitting and guiding services for river activities including, but not limited to, boating, kayaking, and stand up paddle boarding that align with the standards and guidelines in the Forest Plan, look to serve youth and underrepresented groups, and provide new opportunities not currently offered on the Clackamas River.

The authorized officer for this business opportunity is Jackie Groce, District Ranger of the Clackamas River Ranger District.

This prospectus is soliciting use only on National Forest System lands of the Clackamas River Ranger District, Clackamas River Area. Use of private or other lands cannot be authorized through this award. If applicants plan to use private or other land as part of their proposed operation, they must submit written permission from those landowners to use or cross non-Forest Service lands. Area Description

Overview of the Clackamas River District The Clackamas River Ranger District spans nearly 400,000 acres of National Forest lands southwest of Mt. Hood in northwest Oregon.

The district encompasses the Bull of the Woods Wilderness, Clackamas Wilderness, Roaring River Wilderness, and the Olallie Scenic Area. It is known for its fish and wildlife habitat, recreation opportunities, and timber harvest, scenic value, and hydro-electric generation.

Clackamas River The Clackamas River is located on the west side of the Cascade Mountain Range and south of the Columbia River Gorge. From its origins in the Olallie Lake Scenic Area, the river flows through portions of Marion and Clackamas counties, as well as the communities of Estacada, Barton, and Carver, and is an important water source for urban areas to the west. The river meets the Willamette River at Oregon City, Oregon.

The downstream boundary of the river corridor is less than 50 miles from downtown Portland and is accessible by State Highway 224. Access to the corridor can also be gained from the southeast, by taking the Breitenbush route (Forest Road 46) from its junction with State Highway 20 at the town of Detroit.

The interim river corridor includes approximately 15,200 acres of land. Of the 15,200 acres, approximately 155 acres are the privately owned Austin Hot Springs area and 288 acres are administered by the Bureau of Land Management. The remainder is administered by the Forest Service, within the Mt.

Prospectus for Outfitting and Guiding Opportunities on the Clackamas River, Mt. Hood National Forest

Hood National Forest. The principal land uses within the corridor are recreation, transportation, hydro- electric energy generation and transmission, fish and wildlife habitat, and timber harvest.

In 1968, Congress enacted the National Wild and Scenic Rivers Act to establish a system for the preservation of outstanding free-flowing rivers. In 1988, Congress designated 47 miles of the Clackamas River into the Federal Wild and Scenic Rivers System. The portion of the river included in the federal system runs from Big Spring, in the Olallie Lake Scenic Area, to Big Cliff, just upstream of North Fork Reservoir. The superb fishery, scenery, and recreation were identified as “outstandingly remarkable values” of the designated area.

Applicants are strongly encouraged to visit the Clackamas River at least once before submitting an application, see Appendix 1, vicinity and area maps.

Clackamas River Area Stipulations

Environmental Considerations: • Forest closures occur for a variety of reasons. Permittees may have limited access during those closures. • Activities proposed on non-forest service land will not be authorized. If activities cross other land ownership, written permission from that landowner will be required. See Appendix 1, vicinity and area maps.

Outfitter and Guide Considerations: Use will be authorized with the following stipulations:

• A maximum of one thousand (1,000) service days per year will be allocated per permit for the first two years. • Each company/entity will be required to service a minimum of one hundred and fifty (150) customers per year. Please see the Operating Standards (Appendix 2) for additional considerations and stipulations. Offering The objective of this offering is to provide the public with additional opportunities for outfitted and/or guided experiences, which are high-quality, safe, increase knowledge and skills of participants, promote the Leave No Trace land ethic, and meet Forest Service goals of land stewardship and resource protection.

Needed Services The original determinations of needed outfitter-guide services for the Clackamas River area were conducted in an Environmental Assessment Report of Commercial Outfitter-Guide Use of the Clackamas River (1982), a Clackamas National Wild and Scenic River and State Waterway Environmental Assessment and Management Plan (1993), and a Guided Whitewater Boating On the Clackamas River report (2003). These analyses evaluated the effects of commercial and general public recreation use on both social concerns as well as natural resource conditions. They also assessed the value that a commercial service can bring in terms of skills, knowledge, safety, education and meeting the mission of the Forest Service in serving the public. Demand for services by the public was also a determining factor. In these three documents, commercial service on the Clackamas River was identified as not only an appropriate use but a needed use.

Prospectus for Outfitting and Guiding Opportunities on the Clackamas River, Mt. Hood National Forest

A. Activity Types and Available Use

Outfitter-guide use will be allocated in terms of “service days.” The maximum service days that may be allocated to each permit holder will be one thousand (1,000) days per year for the first two years. Service days will be re-evaluated for additional permitted years.

Applicants should request the number of service days that they expect to use on an annual basis. Service days will be allocated for river activities that include but are not limited to boating, kayaking, and stand up paddle boarding and ancillary / contracted service such as shuttle services, catering, photography, etc.

B. Allocation of Use

Permits for commercial outfitter-guide services will be competitively awarded in the following manner.

1. Multiple applicants may be awarded permits for providing outfitted/guided services on the Clackamas River Ranger District. 2. Each applicant may apply for the maximum available allocation of 1,000 days, but applicants are encouraged to apply only for what they would realistically use. Use is assigned in "service days". The Forest Service reserves the right to change the amount of use authorized based on patterns of non-use, unacceptable performance or other extenuating circumstances. The number of successful applicants will be based upon the overall qualifications of the applicants as ranked according to the evaluation criteria found in Section V under Evaluation of Applications.

The Forest Service reserves the right to reject any or all applications. The primary objective is to select an applicant(s) whose application will best serve the public need and safety while minimizing impact to public lands. Members of Congress and Resident Commissioners are prohibited from holding outfitter- guide permits.

No subleasing of permits or service days will be allowed. Permit holders must possess the necessary equipment and expertise to perform the services authorized and must directly manage and operate the service. Applications that do not clearly indicate how the authorized use will be provided may not be considered. Once a permit is issued, in accordance with current policy, if the permit holder is unable or unwilling to provide the permitted services, the authorization may be terminated or revoked.

The Forest Service does not assure, promise, give warranty or otherwise guarantee a profitable operation. As a condition of application, the Forest Service requires that interested individuals conduct their own appraisals of the business opportunity.

Any oral statement by a representative of the USDA Forest Service that modifies the conditions of this prospectus is an expression of opinion only, and confers no special right upon the applicant. Further, if a contradiction exists between this prospectus and the special use authorization, the authorization governs.

All applicants must be aware that any award of service days does not authorize exclusive use of the National Forest. The general public already uses the area being offered.

Prospectus for Outfitting and Guiding Opportunities on the Clackamas River, Mt. Hood National Forest

II. Forest Service Program and Policies Definitions The following terms and definitions will be helpful in reviewing the information presented in this prospectus.

Allocation of Use: An amount of use allocated to a holder that is measured in service days or quotas and that is enumerated in a programmatic or project decision that is consistent with the applicable land management plan.

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

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

Holder: An individual or entity that holds a special use permit authorizing outfitting or guiding activities on National Forest System lands.

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

Priority Use: Authorization of use for up to 10 years, based on the holders past use and performance and applicable programmatic or project decisions to allocate use. Except as provided in 36 CFR Part 251, Subpart E, authorizations providing for priority use are subject to renewal (FSH 2709.11, sec. 41.53l).

Service Day: An allocation of use constituting a day or any part of a day on National Forest System lands for which an outfitter or guide provides services to a client. For a day trip, the number of service days is the same as the total number of clients. Advertising Permit holders must submit brochures or rate cards that display current rates and services offered. Any print, online, or other advertisement must include language that states that the outfitting and guiding services are being offered on the Mt. Hood National Forest and are authorized under a Special Use Permit. Record Keeping Permit holders will be required to provide the Forest Service actual annual financial and use records to determine annual fees. All original records of use by date, activity, location (specific trails), fee charged, number and name of clients must be retained and readily available for inspection for five years. For an example please see Appendix 6, Sample Use Report.

Prospectus for Outfitting and Guiding Opportunities on the Clackamas River, Mt. Hood National Forest

Non-Discrimination Permit holders will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The permit holder and his/her employees shall not discriminate by segregation or otherwise against any person on the basis of race, color or national origin by curtailing or refusing to furnish accommodations. The holder will be required to display signs setting forth this policy of non-discrimination (provided by the Forest Service) at the public entrance to the premises, and at other locations as directed by the Forest Service. The holder will be required to participate in any Title VI reviews with the District and sign a non-discrimination assurance statement prior to operating. Print and online advertisements must identify the holder as an equal opportunity provider. Outfitter and Guide Policy The Special Use Permit(s) will be administered in accordance with Forest Service policy (FSH 2709.14 Chapter 50). Permit holders and their employees are expected to understand the terms and conditions under which they operate. An example of a priority use permit can be found in Appendix 7. Fees There is a commercial use fee for any permit authorized. These fees are calculated using the guidelines in Chapter 30, Forest Service Handbook 2709.11. All fees must be paid before the special use permit is issued. These fees are:

a. A fee for the permit privileges and use of Forest Service lands based on the service days used and/or the amount the outfitter charges for the services provided to the clients. Prior to the season of use, the annual fee expected to be due for the authorization will be estimated by calculating the fee on 3% of the expected adjusted gross revenue. The final fee will be calculated following the operating season. The permittee is required to provide their financial and actual use records within 30 days of the end of the operating season or an established deadline in order that the final fee can be calculated on actual use and revenue. b. The current minimum fee for outfitting and guiding use is 3% of gross revenue or $115, whichever is greater. Outfitters will be charged the current minimum fee of $115 if 3% of gross revenue does not exceed the minimum fee. If 3% of gross revenue exceeds the minimum fee, the outfitter will need to pay the additional amount. Performance Evaluations Permit holders will receive annual performance ratings and periodic site inspections. Permit holders must receive an acceptable rating to be in compliance with the permit. Non-compliance with permit requirements may result in suspension, revocation, or termination action; the evaluation system and site inspection form that the Mt. Hood National Forest uses may be found in Appendix 3 and 4.

III. Special Considerations National Environmental Policy Act (NEPA) NEPA has been completed for commercial outfitting and guiding activities along this section of the Clackamas River and no further NEPA is expected at this time.

6 Prospectus for Outfitting and Guiding Opportunities on the Clackamas River, Mt. Hood National Forest

IV. Special Use Permit Permit Term Selection of successful applicants is anticipated by spring of 2020. Successful applicants will be issued priority permits for two years. After two consecutive years of successful performance, the permits will be reissued for a term of 8 years (for 10 years total). Permits will be eligible for reissuance for subsequent terms as long as the holder maintains acceptable performance. Insurance Holders shall have in force liability insurance to provide coverage for third party property damage, personal injury, and death that arise in connection with the authorized use and occupancy. Liability insurance may be either in the split limit or combined single limit format.

• Split Limit – A policy in the split limit format lists separate coverage limits for third-party property damage, personal injury or death to one person and personal injury or death to more than one person. Minimum split limit coverage requirements are listed by activity in Table 1. • Combined Single Limit – A policy in the combined single limit format lists a single coverage limit for third-party property damage, personal injury or death to one person and personal injury or death to more than one person. Minimum combined single limit coverage requirements are listed by activity in Table 1.

o The Regional Forester may increase the minimum coverage amounts on the basis of the amount of use, likelihood and severity of injury, protection of forest visitors, potential liability of the United States, and cost of the insurance.

o The Forest Supervisor may increase the national or regional minimum coverage amounts based on a case-specific risk assessment. The same coverage limit in an insurance policy may apply to both per occurrence and in the aggregate, that is, an insurance policy may apply the same coverage limit per incident and per year, regardless of how many incidents occur. Therefore, it may be appropriate to increase the minimum coverage amounts that apply to claims in the aggregate, especially if a holder has operations in multiple locations on National Forest System lands.

o Such insurance shall also name the United States as additional insured. The holder shall send an authenticated copy of its insurance policy to the Forest Service immediately upon issuance of the policy. The policy shall also contain a specific provision or rider to the effect that the policy will not be cancelled or its provisions changed or deleted before 30 days written notice to the Authorized Officer, at the appropriate ranger district office by the insurance company.

Prospectus for Outfitting and Guiding Opportunities on the Clackamas River, Mt. Hood National Forest

Table 1. Minimum insurance requirements by policy type and type of use Forest Service Types of Special Use Minimum Coverage Manual Amount Reference (In Thousands) 2721.53 Outfitting and Guiding Split Limit Policy Combined (property, injury or Policy death of one, injury or death of multiples) Rafting and Boating Class IV-V Rafting and Boating 25/500/1000 1000 Class I-III 25/500/500 500 Bus, Van, Four-Wheel Drive Tours, ATV 25/500/500 500 Nature Hikes 25/300/300 300 Pack and Saddle Stock, Equestrian 25/500/500 500 Running and Walking Events 25/300/300 300 Rock Climbing 25/500/500 500

Outfitter License Applications including activities where the State of Oregon also requires a license, (or other states where business is registered) need to provide a copy of a valid outfitter license before issuance of a permit to operate on National Forest lands.

V. Application Instructions for Submitting Applications Applications for a recreation special use permit to provide outfitting and guiding services must include a completed Operating Plan Outline (Appendix 5) with any referenced attachments and will be accepted by mailing or delivering four hard copies and one electronic copy (on a thumb drive) to:

Jackie Groce, District Ranger Attn: Emily Curtis Clackamas River Ranger District Mt. Hood National Forest 595 NW Industrial Way Estacada, OR 97023

Applications will be accepted until close of business, on March 1, 2020. Material submitted with applications will not be returned unless specifically requested. Applicants should make a copy of their application for their own records.

Incomplete applications could adversely affect your chances for selection and may be excluded from consideration. Applications submitted after March 1, 2020 will not be considered.

Prospectus for Outfitting and Guiding Opportunities on the Clackamas River, Mt. Hood National Forest

Application Package Requirements Items listed below describe the required documents for a successful application:

1. A completed outfitter/guide proposed Operating Plan with detailed information for each item. It is highly recommended that applicants follow the template in the enclosed application package (Appendix 5). If more space is needed or if there is any information not asked for specifically but is important to your proposal, please include that information in the plan or as attachments. 2. Fees charged to the public. Applicants must provide a list of all fees they propose to charge to the public for the first two years of operation. Discuss any variable pricing or discounts. 3. If the proposed operation includes the use of any land other than the Mt. Hood National Forest, the applicant must submit written permission from the landowner to use these lands as part of the operation. Other lands include other federal, state, county, and/or private lands. 4. A list of all Special-Use Permits held currently or in the past to conduct commercial operations on National Forest or other public lands. Include dates the permit(s) were held, what operations were authorized, copies of annual evaluations, and address and phone number of the contact person for the authorizing agent. Indicate if any permit held was ever suspended or revoked or if any disciplinary actions were ever taken related to those permits. If so describe the events leading to the discipline including the outcome. Application packets and financial information is to be treated as confidential to the extent allowed under the Freedom of Information Act (5 USC 552 and 552a respectively).

To avoid unnecessary expense for the applicant, insurance policies, brochures, etc., should not be obtained until after an award has been made.

Incomplete applications may delay the selection process or may result in removal from evaluation. All applications and supporting documents and photographs become the property of the US Government.

The objective is to select the applicant(s) whose proposed activities best meets the public and agency’s need. The applicant(s) 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. The selection may be for less than the number of user days requested.

The selection of the successful applicants is an appealable decision under 36 CFR 214.4(c)(2). An appellant must file a notice of appeal within 45 days of the date on the notice of written decision of selection. Evaluation of Applications This section describes how each application will be reviewed and evaluated by the panel, using the information submitted by the applicant.

Evaluation Criteria For the proposal to be considered for a special use permit, the proposal must pass BOTH the initial and secondary screening process (See Appendix 8). Once the proposals have passed the screening process, they will be evaluated by the following criteria. The evaluation criteria are listed in descending order of

Prospectus for Outfitting and Guiding Opportunities on the Clackamas River, Mt. Hood National Forest

importance, with Criteria 1 being the most important and so on. Italicized notes are there to help guide you in providing this criteria when completing the Operating Plan Outline (Appendix 5):

Criteria 1 – Proposed Services

(Please describe your services and how your services cater to youth or underrepresented groups and/or what kinds of new services or experiences you are offering on the Clackamas River.)

Criteria 2: Experience and Technical Capability of Applicant

(Please describe your skills and experience leading trips for your proposed activity including education, training, qualifications and abilities. Describe knowledge of the area under consideration.)

Criteria 3: Operations and Safety Plan

(Detailed information provided for each item, including safety, guide qualification requirements, communication plan, emergency precautions and safety procedures.)

Criteria 4: Good Standing

(Please provide information regarding any letters of non-compliance to the terms and conditions of a special use permit you or the company applying for this permit may have received. If you or the company applying for this permit have ever been cited, ticketed or fined during commercial guiding operations please explain.)

Criteria 5: Business Plan

(Extent of general and specialized business experience related to this offering. Statement of financial capabilities. Business Plan is clear, concise, and fully addresses operations in the area under consideration.)

Please add any information to your response that is pertinent to the evaluation criteria including how you aim to reach youth or underrepresented populations.

The Forest Service will consider only the applicant’s written application package and any past performance information obtained by the Forest Service. During the evaluation process, the evaluation panel may contact any references, including all federal, state, and local entities that have had a business relationship with the applicant. The evaluation panel also may consider past performance information from other sources.

Evaluation Process The evaluation panel will make a recommendation to the authorized officer as to which applicant(s) offers the best value to the Government. The authorized officer will make the selection decision. All applicants will be notified of the successful applicant via certified mail.

The Forest Service reserves the right to reject any and all applications.

The Forest Service reserves the right to rescind the prospectus at any time before a special use permit is issued. If the Forest Service rescinds the prospectus, application fees will be returned. Note: It is strongly recommended applicants organize their application package in order of the above-listed

Prospectus for Outfitting and Guiding Opportunities on the Clackamas River, Mt. Hood National Forest evaluation criteria. This will help ensure the evaluators are able to find and rate all of the applicant’s information.

The following are the qualitative factors for each criterion:

Table 2. Evaluation criteria definitions Color Definition Exceeds – The application exceeds all minimum requirements. The application is very comprehensive, in-depth, clear, and uniformly outstanding in quality. The application demonstrates an exceptional Blue understanding of goals and objectives of the prospectus. One or more major strengths exist. No major weaknesses exist. Consistently high-quality performance can be expected. Acceptable - The application easily meets all minimum requirements. The application generally is of high quality and demonstrates a strong understanding of the goals and objectives of Green the prospectus. Strengths significantly outweigh weaknesses. Weaknesses are minor and easily addressed. Satisfactory performance can be expected. Marginal - The application barely meets all minimum requirements. The application is of fair quality and demonstrates a fair understanding of the goals and objectives of the prospectus. Yellow Strengths marginally outweigh or are marginally outweighed by weaknesses. Weaknesses may be major and may be difficult to address. Marginal performance can be expected if weaknesses are not addressed. Unacceptable - The application fails to meet most or all minimum requirements. The application is of poor quality and fails to demonstrate an understanding of the goals and objectives of the Red prospectus. Weaknesses significantly outweigh strengths. Weaknesses are major and difficult to address. Consistently unsatisfactory performance can be expected.

VI. Post Selection Requirements If your application is selected and you are awarded use for this offering, you will then need to obtain an Outfitter and Guide special use permit. An example of a special use permit is included in Appendix 7.

The selected applicant will be responsible for the following:

1. Final Operating Plan – The operating plan and accompanying itinerary will become part of the recreation special use permit upon approval by the Authorized Officer. 2. Insurance – The holder will have in force commercial general liability insurance that provides coverage for third-party property damage, personal injury, and death that arises in connection with the authorized use and occupancy. Liability insurance may be either in the split limit or combined single limit format. 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. Minimum coverages listed by the type of service are found in Table 1. 3. Brochure – Selected applicants must provide a brochure advertising current rates and services offered. An EEO (Equal Employment Opportunity) statement and statement that the outfitting and guiding is occurring on the Mt. Hood National Forest under a special use permit must be included on all advertisements including electronic advertising on the Internet.

Prospectus for Outfitting and Guiding Opportunities on the Clackamas River, Mt. Hood National Forest

4. All State of Oregon certifications, training, and licensing requirements must be meet before a permit is issued. 5. Applicable fees are described in Chapter 30, Forest Service Handbook 2709.11. All fees must be paid before the special use permit is issued. 6. Record Keeping – The permittee will be required to provide annual financial and actual use records to determine the final annual fee. All original records of use by date, trip, fee and number of persons must be retained and readily available for inspection for the most recent five years (Appendix 6)

Burden and Non-Discrimination Statement

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 10 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, 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 at (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.

Rating the Rapids Welcome to If you have ever considered whitewater boating, then you’ve probably seen the terms Class I, II, III, IV, V, and VI. But what do they mean?

The Wild and Scenic The “International Scale of River Difficulty” is used to categorize river rapids on a scale of I to VI — with Class I Upper Clackamas River being the easiest.

The system is not exact. Rivers do not always fit neatly into — Mt. Hood National Forest — one category and people interpret the classes differently. Variables in water and weather can also change a river’s difficulty. So, a class rating is only a guide. If you’re headed Whitewater Recreation Map out, check several sources beforehand and stay alert.

To Estacada

224

North Fork Dam Rapid Location (Class noted)

North Fork Clackamas River River Access Point (Hwy mile noted) Campground

Toilets Promontory Park (mp 31.0) Rapid Classifications Promontory Nemesis (II) Trailhead Class I: Easy Bob’s Hole (III) Fast moving water with a few riffles and small waves. Few or no obstructions. Toilet Bowl (III-IV) Class II: Novice Memaloose Rapids with waves up to three feet. Wide, clear channels that (mp 33.5) Moore Creek Rock and Roll (III) Whitewater Safety (mp 35.3) are obvious without scouting. Some maneuvering • Wear a personal flotation device is required. Slingshot (II+) and helmet Lazy Bend Class III: Intermediate • Dress for hypothermic conditions Rapids with high, irregular waves often capable of swamping • Never boat under the influence an open boat. Narrow passages that often require complex • Know the river maneuvering. May require some scouting from shore. Big Eddy Hole in the Wall (III+) • Scout ahead for river hazards Class IV: Advanced • Never go paddling alone Big Eddy (II) Long, difficult rapids and constricted passages that often Roaring River require precise maneuvering in very turbulent waters. Scouting • Avoid extremes of water and weather Carter Bridge (III-IV) Carter Bridge Hole in • Know your limits South Fork Clackamas River the Wall from shore is often necessary, and conditions make rescue Lockaby (mp 41.0) difficult. Paddlers should have a reliable roll. • Pack out litter Carter Bridge (mp 38.8) Armstrong NF54 Class V: Expert Your safety is your responsibility. Fish Creek Roaring River Extremely difficult. Long, very violent rapids with highly Fish Creek Roaring River (III-III+) (mp 39.2) congested routes, which nearly always must be scouted from shore. Rescue conditions are difficult, and there is a significant (III) Fish Creek Sunstrip Armstrong hazard to life in the event of a mishap. Ability to roll is essential.

Class VI: Extreme and Exploratory Rapids Maze (II) Difficulties of Class V carried to the extreme of navigability. Pup Creek Falls Nearly impossible and very dangerous. For teams of experts only, after close study has been made and all precautions have

(II-III) Fish Creek Fish Creek been taken. Pup Creek The Narrows (III) Source: American Canoe Association, Know Your Limits

Oak Grove Powerhouse 205 Overview Map Powerhouse (III-IV) 212 26 (mp 45.7) Sandy Sandstone Bridge NF4620 211 Clackamas River

224 Welches Zizag Ranger Station Indian Henry

Estacada Ranger Station 224 Estacada Milo McIver Government Camp State Park 26

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C 559 W 6370 Operating Standards 1

APPENDIX 2

RIVER OUTFITTER GUIDE (O/G) OPERATING STANDARDS

This set of operating standards will be made part of the permit and supersedes language in proposals, operating plans, and itineraries.

This permit does not grant access to any area of the forest that is closed or restricted to the general public, unless explicitly stated.

PRE-SEASON MEETING

All permitted outfitter/guides will attend a group pre-season meeting with the Forest Service, when made available.

STANDARD OPERATING PROCEDURES FOR WHITEWATER BOATING

Boats and all other equipment must be cleaned prior to entering the Clackamas River according to best practice described by Oregon State Fish and Wildlife. Aquatic invasive species pose a real threat to our water ways and it is the responsibility of the permit holder to ensure they are doing everything in their power to ensure their boats and equipment are free from invasive species.

GENERAL REQUIREMENTS

1) All equipment used will be in good working order. Equipment that is unsafe or approaching its useful service-life will be discarded.

2) The hazards of every trip will be made known to every potential participant. The O/G will be responsible for providing the clients with a clear understanding of the physical and mental requirements of the activity. Outfitters shall have helmets available to meet client request.

3) As a part of the guests' river orientation, safety and emergency procedures will be covered. All guides are also expected to have a general knowledge of the natural history of the Clackamas River.

4) Consumption of alcoholic beverages or the use of federally controlled substances on permit land area or while river running is prohibited.

5) Trips shall be delayed or cancelled when water conditions are deemed too high or too hazardous. The outfitter/guide is responsible for review of the water level in connection with the scheduled activity on the river.

6) Every commercial boating activity on the Clackamas River must have a minimum of two boats or a boat accompanied by a land based chase vehicle. Guides shall be responsible for keeping the boats or accompanying vehicle in sight.

Operating Standards 2

7) Use of the permit area is not exclusive, Outfitter/guides and their employees must respect the rights of other river users. Complaints by other users of the river corridor regarding operations authorized under the permit, may be considered in the permit evaluation, O/G will be given copies of complaints and provided an opportunity to resolve the issues before inclusion in their evaluation.

8) Approved launch and take-out sites include: 1. Sandstone Bridge (mp 45.7), 2. Hole in the Wall (mp 41), 3. Fish creek (mp 39.2), 4. Carter Bridge (mp 38.8) 5. Moore Creek (mp 35.3), 8. Memaloose (mp 33.5).

9) Ground disturbing activities are not authorized.

10) All outfitters are required to make available to the Forest Service one user slot on one trip per year. This will be used by a Forest Service representative to monitor the outfitter's performance. The Forest Service may perform additional monitoring without notification to the outfitter.

WATERCRAFT

1) Size of watercraft must correspond to the water levels being run.

2) Only well-constructed watercraft, in good repair, shall be utilized.

3) All boats will display the name of the permittee, or their firm, on the side of the boat. Design of the display should be readable from the shoreline. Display will require approval by the Forest Service.

EMERGENCY EQUIPMENT

1) Each participant must have a serviceable U.S. Coast Guard (USCG) approved life preserver (type l, 111, or V). Life preservers must be maintained in good serviceable condition in compliance with USCG standards and must be worn at all times while on the river.

2) Each raft will be equipped with a throw rope (rescue rope) and occupants will be trained in its use.

3) A major first-aid kit is required and will be carried on each trip.

4) Emergency signaling equipment, to be carried on each trip.

5) A spare paddle or oar will be carried on each boat.

6) A boat-patching repair kit and an air pump will be carried on each trip.

7) Z-drag equipment is required on one of the watercraft in a commercial outing.

Operating Standards 3

RESCUE

1) A procedure for evacuation of an injured person will be established and made known to all guides/boaters.

2) First aid/CPR training is mandatory for all guides on the Clackamas River. Documentation confirming dates of all training shall be maintained by the outfitter and made available upon request.

ENVIRONMENTAL PROTECTION AND SANITATION

1) Refuse- Cans and rubbish of all types will not be discarded in the water or along the shore of the river. This also applies to any other National Forest area. Guided trips may utilize trash cans at put-ins / take- outs. If trash cans are unavailable, guides and clients must pack out all waste.

2) Soap- The use of soap is prohibited in the river or on the shoreline.

3) Human Waste- Forest Service restrooms located at put-ins / take-outs should be utilized when possible. If bathrooms are unavailable, guides and clients must pack out all waste. All bathroom breaks must occur 200ft from any source of water. A human waste carry-out system shall be utilized in emergency situations and toilet paper shall be carried out with the waste. Many visitors to the forest are unfamiliar with proper human waste management. It is the permittee’s responsibility to ensure not only that waste is properly managed, but that clients / participants leave with an understanding of proper waste management. Outfitter must obtain permission from campground concessionaire prior to utilizing rest rooms within developed campgrounds/day use areas.

4) Species Protection-To minimize the likelihood of incidental take of listed salmonid species, the following terms and conditions shall be followed.

a) No operations will be allowed from the day after Labor Day to October 31 in order to minimize harassment to spawning Spring Chinook Salmon. No fly fishing trips or float trips will be allowed during this time period on the Clackamas River.

b) Avoid boating put-in/take-out and other activities at areas where spawning is occurring.

c) Restrict groups from using or stopping at areas outside of the designated stops. Boaters must remain within the boundaries of the identified launches and away from shoreline to minimize disturbance of spawning fish and nesting ducks.

FIRE

1) When built, fires will be in a fire pan. Coals and partially burned wood will be disposed of in the river.

2) During periods of fire restrictions, campfires and smoking will not be allowed. If the Forest is closed due to the extreme fire hazard, all operation will immediately cease.

Operating Standards 4

TRAINING GUIDELINES/QUALIFICATIONS

Guidelines 1) Trips may be conducted for the purpose of training new guides/boaters or for familiarizing boaters with significant new types of equipment. Outfitters who charge fees for training activities must report associated revenue in their year-end actual use report. Training trips may not be counted toward the minimum client/trip requirements SET FOR PRIORITY PERMIT HOLDERS.

2) The permit holder or a designated representative must accompany each training trip.

3) Non-employees will not accompany such trips. Training trips should be used to check and test both new and previously used equipment that will be utilized on client trips.

4) When a trainee accompany a regularly scheduled trip, they will be under the direct supervision of a certified boater and will be personally evaluated by the permit holder before being certified as qualified.

5) For each guide to be qualified, the permit holder must certify in writing that each guide working for them, complete knowledge of the Clackamas River rapids/holes, and has completed guide qualification training (listed under "Clackamas River Guide Qualifications"). Certification shall include an outline of training completed. The outline will consist of the following: date of training; name of instructors; material presented at the training; and date of on-river training for the Clackamas River.

Clackamas River Guide Qualifications The permit holder is responsible for ensuring that all guides have the appropriate level of training for the activity being conducted. Training requirements and records must be kept on hand and made available upon Forest Service request.

Emergency Training All Clackamas River guides must be familiar with their entities’ emergency procedures related to the Clackamas River. These include but are not limited to:

1. Knowledge of escape or evacuation routes along the river 2. Accessible phones closest to the river 3. Closest medical facilities

Escape or Evacuation Routes: Oregon Highway 224 parallels the Clackamas River from Three Lynx power station to the Memaloose Weigh Station. Nowhere along this entire run is the road more than 1/4 mile from the river. Therefore, all evacuations should take place onto the road. The following camping and river access points should be considered:

Mile 1: Highway 224 Bridge. Easy trail on river left. Miles 1.5-7.5: Several campgrounds in this stretch allow for easy river access. Most are on river right. Operating Standards 5

Mile 8: Highway 224 Bridge. Easy access just below bridge on river left. Miles 8-12: Highway 224 remains on river right and there are several easy access points along this stretch. Miles 12-12.8: Minor Bridge and Memaloose Weigh Station. Memaloose is on river right.

“Three of the closer” Medical Facilities: Adventist Medical Group; 200 SE Highway 224; Estacada Willamette Falls Hospital; 1500 Division St.; Oregon City Kaiser Permanente; 10180 Sunnyside; Clackamas

COMMERCIAL/INSTITUTION TRIPS

(Priority use permit holders ONLY)- Each company/entity is required to service a minimum of one hundred and fifty (150) customers per year.

Only one outfitting/guiding organization at a time is allowed to stage customers and launch at Sandstone Launch when water levels are above 1600 CFS. Those waiting to launch may choose to wait in the adjacent parking areas or chose an alternate launch site.

Only two outfitting/guiding organizations at a time are allowed to stage customers, launch and park at the Fish Creek Trailhead.

A Northwest Forest Pass is required for all customer and outfitter/guide vehicles parking at Fish Creek Trailhead and Launch site on the Clackamas River.

SPECIAL USE PERMIT FEE INFORMATION

Fees for Temporary Use Permit holders: Please refer to the fee schedule in the permit.

Fees for Priority permit holders: Annual Fees shall be based upon the approved annual operating plan. Fees will include charges for customer revenue. A charge based upon three percent (3%) of revenue, will be determined from the outfitters adjusted annual customer revenue derived from authorized use.

A fee payable in advance will be assessed prior to the start of use. This fee (3%) will be based on an estimate of the amount of total outfitter customer revenue expected during the full permit year. After the operating season, the outfitter shall submit financial and actual use records for final fee calculations. This calculation is reconciliation between the previously paid estimated fee and a final amount due based on actual use and revenue. The difference between the advance payments and a final calculated fee will be either credited to the next year's fee or billed immediately with payment due within 30 days.

Gross Revenue is the total amount received by the holder from the clients or customers as payment for goods or services provided by the holder in connection with the outfitted and/or guided National Forest trip. Includes all revenue from clients or customers from the sale of goods or services provided by the holder, without regard to whether these goods or services are provided while on National Forest System lands.

Operating Standards 6

GENERAL INFORMATION CONCERNING USE ALLOCATION SYSTEM

1) When outfitters share clients, both outfitters shall report their portion of the shared revenue of these clients.

2) Outfitter/guides will report all commercial activity on the Clackamas River by October 15 on the Forest provided Use and Revenue reporting document. The report will contain the following information: 1. name of the permittee, 2. reporting period, 3. trip dates, 4. day of the week, 5. if it is a full or half day trip, 6. put-in/take-out and lunch/rest stops for each trip, 7. number of clients 8. number of user days; 7. If the flow was over or under 1600 cfs, 8. revenue, and 9. gender, 10. number of clients under 18, number of clients in underrepresented groups.

3) The outfitter/guide daily trip participant activity lists and yearly report will be reviewed by the FS. Use allotments are subject to change at any time if the following events occur:

a. A total of over sixty-eight (68) full day outfitted/guided users on the river for any three consecutive Saturdays when river water levels are above 1600 CFS.

b. A total of one hundred (100) full day outfitted/guided users on the river for any three consecutive Saturdays when river water levels are below 1600 CFS.

c. A total of over one hundred twenty-five (125) full day users on a weekday (Monday through Friday) for any three consecutive days.

d. Three (3) written or oral complaints registered with the Forest Service from the public, Forest Service Law Enforcement, or Forest Service employees concerning blockage of the Forest Service Road 4620 adjacent to the Sandstone Launch, general access problems, and commercial use conflict with the public or public change in perception of solitude while boating.

e. Identification of any degradation of any Outstandingly Remarkable Values of the Clackamas River as identified in the 1988 designation of the river as a Federal Wild and Scenic River.

If any of the thresholds listed above are exceeded, the current use allocation system will be reviewed between the FS and outfitters to create and implement mitigations to correct the violation.

Wilderness: It is the responsibility of the guide to know the congressionally designated Wilderness boundaries, and when in Wilderness to adhere to all laws and regulations. (See below for Outfitted and Guided Fishing in regards to Wilderness).

User days: The number of User Days or client days is specified on the face of the permit and may not be exceeded. One user day equates to one client in a single day. Two user days equates to two clients on one day, or one client on a two day trip.

Term of the permit: An Outfitting and Guiding Permit on the Clackamas River may be issued for up to 10 years. After a 2 year initial authorization, permits in good standing will be reissued for an additional 8 years.

Courtesy: Be respectful and courteous to other uses. This includes other permitted guides and private Operating Standards 7 recreationalists. An Outfitting and Guiding Permit does not grant exclusive use to any location, trail, or site. If you have a negative interaction with a member of the general public, a recreational residence owner, or Forest Service personnel I encourage you to immediately contact the Forest Service permit administrator directly.

Private or permitted land/areas: Respect private lands and do not utilize these properties without permission. There are several areas in the National Forest that are run by concessionaires and other permit holders (campgrounds). It is the responsibility of the guide to coordinate with the concessionaires and permit holder prior to conducting operations.

Fee and pass requirements: Guides and their clients are NOT exempt from any fee area or pass requirements, including but not limited to (NW Forest pass, Sno-Park, day use fees, concession run campground).

Camping: It is the responsibility of the permittee to help ensure clients / participants are following best practices in regards to camp site and campfire management. Please refer to your local district office for guidance on campsites, campfires, and fire restrictions.

Illegal Outfitters: Please report illegal outfitters to the permit administrator immediately. Passing on information such as date, time, location, and name of individual or company is critical to ensure that only permitted guides are operating in the Forest.

VEHICLE USE: Guides will do everything in their power to ensure that clients and guides car pool to help alleviate congestion. The outfitter and guide may not park in such a manner as to impede or obstruct the normal flow of traffic, create a hazardous condition, or park in any area designated as closed to parking. Guides and their clients are not to block gates under and circumstances. Parking on the Highway is discouraged and Oregon Department of Transportation permits may be required. The outfitter and guide is responsible for directing their customers to follow these same guidelines. The outfitter and guide may not exceed posted speed limits, disregard traffic control devices or operate a motor vehicle while under the influence of alcohol, drugs or intoxicants, or any combination thereof.

Guide Identification: Please have vehicles marked with company name or logo, and when possible have guides be discernable from clients (such as a hat with the company name or logo). If and when the guide or group interacts with the Forest Service or law enforcement please make it known that you are there conducting commercial business. Carry your special use permit with you while operating.

Outfitted and Guided Fishing – Additional Operating Standards

- The purpose of Outfitted and Guided Fishing Permits is to authorize land access to bodies of water that harbor state regulated fishing to a commercial outfitting guiding company. - All state laws pertaining to fishing laid out by the Oregon Department Fish and Wildlife must be followed by the guides and clients.

Target Species: While the State not the Forest Service manages the activity of fishing we ask that as professionals you use your local and professional experience to not only target only appropriate species (rainbow and cutthroat trout), but to target specific areas that are likely to hold these fish. The Forest Service recognizes that there are limits to access fishing. We encourage you to spread your use out over the system, at approved locations, to the best of your ability to prevent re-catching the same few fish.

Operating Standards 8

Invasive Species Prevention: Boats, wading boots and gear should be inspected and cleaned to prevent the spread of aquatic and terrestrial invasive species. You are encouraged to avoid felt bottom boots when possible as these are more likely to spread invasive species and harder to clean. This is especially important when switching from one water source to another. Boot soles should be scrubbed with bristle brush, wading booties should be thoroughly rinsed and inspected and both should be fully dried before using in a different water source. The Deschutes and Columbia River unfortunately contain New Zealand mud snails and we ask that no gear that is used in these areas, is used in the Mt. Hood National Forest. Outfitters will ensure that their gear, AND their clients’ gear is cleaned in accordance to the guidance laid out by Oregon Department of Fish and Wildlife.

Access: When available use existing Forest Service trails to access water. If no Forest Service trail is available game trails are an acceptable option. If no trail is available use the route that will be the least impactful to soil and vegetation. Avoid repeated use of the same path as this will create social trails. Be mindful that if someone sees your outfit parking or fishing in a location they will likely visit these areas on their own. While recreational residences in the forest are owned by individuals, you have equal access to the river or stream that may be in close proximity to the building.

Amplified Music: To maintain the character of the streams and other waterways in the Mt. Hood National Forest, refrain from playing amplified music.

Unexpected Fish Species: If the guides or clients catch, hook, or see non-native fish species, please report this with pictures and locations when possible.

HIGH RISK ACTIVITIES Many outfitters conduct high risk activities in high risk areas. It is the responsibility of the permittee to ensure all guides have appropriate training, equipment, and are prepared to conduct the activities listed on their permits. High risk activities such as (but not limited to) whitewater rafting pose not just a risk to the guide and clients but to the general public operating in the vicinity of the permitted use. Permit holders are responsible for maintain records of all guide credentials that qualify them to train others to conduct such activities in such areas. Guides must always ensure that they are not creating a dangerous situation for themselves, their clients, or others in the vicinity.

I certify that I have read and understand the above operating standards for outfitting and guiding (O/G) on the Clackamas River. If I have any questions or concerns I know to contact the permit administrator for the Mt. Hood National Forest. ([email protected]) (503-668-1640).

Sign

Date APPENDIX 3 Outfitter Guide Inspection Checklist O/G:

Inspector: Date:

Needs Safety Acceptable Unacceptable Improvement 1. Vehicle and other equipment in good condition 2. Safety equipment (seatbelts, helmets, fire extinguisher, communication device, spare tire...) 3. Capacities and weight limits of vehicles are not exceeded 4. Safe driving practices 5. First aid kit 6. Weather dependent gear

Needs Permit Compliance Acceptable Unacceptable Improvement 1. Stayed on allowed trails/roads and for appropriate amount of time 2. Respectful of members of the public 3. Travel and rest on durable surfaces/designated trails 4. All guides and vehicles wear nametag/Company logo 5. Followed all NF regulations 6. Client to guide ratio is not exceeded

Needs Interpretation Acceptable Unacceptable Improvement 1. Accurate information 2. Engaging manner/presentation style 3. Multi-subject informational discussion 4. Represented the National Forest 5. Does not overwhelm clients (physically or informationally) 6. Responds to clients questions/interests

Needs Overview Acceptable Unacceptable Improvement 1. Provided a meaningful service 2. Positive personal demeanor 3. Actual tour participants seemed to enjoy it 4. Company cooperates with inspection process 5. Safety seems to be an overall concern of the guide 6. Overall permit compliance by guide

1 APPENDIX 4

OUTFITTER/GUIDE PERFORMANCE RATING GUIDELINES

This performance rating will generally be completed at the end of the use season for the rated activity. It should be supported with documentation of performance during the use period such as letters or reports.

Rating Categories and Standards

1) Service to Public - This rating will be based on the Outfitter/Guide's professional interaction in relation to the permitted activity with clients, other permit holders, Forest Service, community and non-commercial visitors. This includes, but is not limited to, operating in a professional and business-like manner, providing emergency assistance when appropriate, showing courtesy to other user groups, gaining permission in writing from private landowners for use of their lands in conjunction with the permitted operation and providing rates, services and/or accommodations to guests as represented. All complaints will be evaluated to determine if they are legitimate.

2) Compliance with Permit Conditions - The permit holder's compliance with all special use permit clauses and the conditions of other applicable permits will be reviewed and an appropriate rating assigned. The review will include: a) fee payment, b) insurance, c) advertising, d) use records, e) compliance with laws and regulations, f) accurate and adequate records for audit, g) third party restrictions and h) other permit provisions.

3) Compliance with Operating Plan and Forest Operating Standards- All elements of the operating plan will be reviewed including such items as: a) party size, b) adequate and accurate fee information, c) transportation management, d) health and safety practices, e) compliance with private land use requirements and f) other provisions.

4) Equipment - This rating will be based on the type and quality of equipment used to assure a safe trip. Is equipment as advertised, maintained in good, safe condition and adequate for the purpose? Are boats or vehicles licensed, identified and certified when required?

5) Safety - This rating will be based on the permit holder's safety record and exhibited concern for the safety of clients, employees and the general public. Considerations include: a) handling of emergencies, b) safety procedures followed, c) first aid supplies available, d) accident record, e) safety equipment adequacy, availability and use, f) compliance with safety standards for the activity and g) responsible and safe conduct of activities.

6) Resource Protection - This rating will be based on the permit holder's use and care of natural resources. Considerations include: a) proper sanitation procedures for waste and garbage, b) protection of trees, vegetation and water from user impacts, c) compliance with fish and game regulations, d) protection of cultural resources and e) protection of other natural resources. As clients are the direct responsibility of the permit holder, their actions while on a trip will also influence the rating. 7) Major Incidents - Each major incident involving the conduct of permitted activities will be reviewed and rated individually. They should be described in detail on attachments to the rating form. Types of incidents which would fall into this category include, but are not limited to, boating accidents involving one or more boats, injury to clients or employees, recurrent or serious violation of fish and game laws and regulations, reckless operation of equipment, confrontations with other users, accidental death, drowning, and other serious violations of permit conditions or law.

8) Rating System - A rating will be assigned to each category based on the permit holder's overall performance in relation to the various considerations listed under those categories. A summary rating will be assigned, considering the individual category ratings and their respective importance to overall performance. A probationary or unacceptable rating in any one category does not necessarily require a summary rating of probationary or unacceptable. Three different levels of performance will be recognized as follows:

a) Acceptable - Performance is satisfactory and meets at least minimum established standards for the permitted activities. This may include some minor deficiencies that need correction. If these deficiencies persist after notification or are not corrected in a reasonable time period, they may result in a probationary or unacceptable rating. Weak areas needing attention or especially strong areas will be documented on the rating form or attachments.

b) Probationary - Performance is less than acceptable for significant considerations applicable to the permitted activity. Performance does not pose an immediate threat to the safety of clients or others, is not in violation of law and doesn't pose a threat of significant resource damage. However, corrective action by the permit holder is mandatory and continued operation at this level of performance would be unacceptable. The basis for the rating will be clearly documented on the rating form or attachments.

A permit holder who is given a summary performance rating of probationary will qualify for a permit period notto exceed one year and permits with remaining period of more than one year will be so amended. If a holder continues to operate at the probationary level, the authorized officer shall terminate the permit and/or deny future permit applications.

c) Unacceptable - Performance in any rating category is clearly unacceptable for one or more significant considerations applicable to the permitted activity and cannot be allowed to continue. This level of performance may pose a threat to the safety of clients or others, involve a serious violation of law or pose a threat of serious resource damage. The basis for this rating will be clearly documented on the rating forms or attachments.

Failure to obtain necessary licenses or registration, recurrent or serious violations of fish and game laws and regulations in conjunction with permitted activities, failure to pay fees, failure to comply with permit requirements for insurance, falsification of accounting records and/or third party permit privileges will result in an unacceptable rating. A summary performance rating of unacceptable will result in suspension, termination or revocation of the permit as appropriate to the circumstances.

The responsible Forest Officer will notify the permit holder when a probationary or unacceptable performance rating is being considered and offer him an opportunity to meet with the Forest Officer prior to finalizing the rating. To the extent allowed by law and regulation, ratings are confidential between Forest Service and the holder, except that ratings will be coordinated as necessary with other responsible regulating agencies, local, state and federal.

This rating is subject to administrative review (appeal) pursuant to 36 CFR 211.18. The appeal must be filed within 45 days of the date of this decision. APPENDIX 5

OPERATING PLAN OUTLINE for a Priority Use Outfitter/Guide Permit on the Clackamas River Ranger District ======

Please use this outline as your proposal cover page and feel free to include any attachments if you need more space.This outline is intended to be used as a guide to describe your operation and, at minimum, your proposal and operating plan should contain the following information:

1. Name of Business:

2. Names of Owner(s) and Manager:

3. Mailing Address/Phone/Email Address:

4. Are you catering the majority of your services to youth or underrepresented groups? If yes, please explain.

5. Please describe what new service or activity you are offering that is not currently offered on the upper Clackamas River.

6. All Services Offered and Operating Locations (Include ancillery services, Put-ins / take-outs, exact locations, etc)

7. Requested Number of Annual Service Days (Include requests for only the service days that are expected to be used. (Minimum is 150, Maximum is 1,000.)

8. Fees to the Public (Fees for required and optional services)

9. Written description of a trip from the point the guide makes contact with a client to the point in which the guided service ends.

10. Skills and Experience (Describe your skills and experience for the proposed activities including education, training, qualifications, and abilities.)

11. Safety and Communication Plan (Plan for preventing injury, plan for addressing emergency/injury, First Aid/CPR training, First Aid kits, communication devices)

12. Vehicles (Parking, shuttling, guide and vehicle identification plan, etc)

13. Sanitation (Trash and human waste disposal plans, LNT practices)

14. Good Standing

• Have you or the company applying for this permit ever received a letter of non-compliance with the terms and conditions of an existing permit? If yes, please explain.

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• Have you or the company applying for this permit ever been cited, ticketed, or fined during commerical guiding operations? If yes, please explain.

15. Business Plan (Describe your business, financial capabilities, equipment, marketing, website, trip booking process, ancillary service providers, etc)

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APPENDIX 6 Outfitter Name: Year: Underrepresented groups may include, but are not limited to veterans, minorities, persons with disabilities, and low income. Flow Day of the Full or Half # Clients Under # Underrepresented Date Location # Clients User Days Wilderness Over or Under Total Revenue # Female # Male Week Day 18 Groups 1600 cfs? APPENDIX 7

Use Code: 153 FS-2700-4i (v.07/2012) Authorization ID: #AUTH_ID# OMB No. 0596-0082 Contact Name: #HOLDER_ID# Expiration Date: #EXPIRATION_DATE#

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)

Selection item 1: up to 10-year Priority Use Outfitting and Guiding.

This permit authorizes priority use outfitting and guiding for [number up to 10] __ years.

Selection item 2: 2-year Priority Use Outfitting and Guiding.

This permit authorizes priority use outfitting and guiding for 2 years.

Selection item 3: Transitional Priority Use Outfitting and Guiding.

This permit authorizes transitional priority use outfitting and guiding for 1 year.

#HOLDER_NAME# of #HOLDER_ADD_LINE_1#, #HOLDER_ADD_LINE_2#, #HOLDER_ADD_LINE_3#, #HOLDER_CITY#, #HOLDER_STATE# #HOLDER_ZIP# (hereinafter “the holder”), is hereby authorized to use and occupy National Forest System lands, subject to the terms and conditions of this permit, to provide outfitting and guiding services within the [name of Ranger District] of the [name of] National Forest or National Grassland, described as #TOWNSHIP_SECT_RANGE# #FIRST_DIVISION# #FIRST_DIV_NAME_NUMBER#, #SECOND_DIVISION# #SECOND_DIV_NAME_NUMBER#, #THIRD_DIVISION# #THIRD_DIV_NAME_NUMBER# and as shown on the map of the authorized area, attached as Appendix A. The above-described area shall be referred to as the "permit area."

The purpose of this permit is to authorize the following outfitting and guiding activities:

#PURPOSE# and assign use as follows:

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addition, describe the quota or delete the quota line. Enter “0” for assigned site or grazing use if not applicable. >

Selection item 1: For holders of a priority use permit.

priority use service days ["or the service day equivalent of a quota"] for [if appropriate, designate activity or district].

Selection item 2: For holders of a transitional priority use permit.

transitional priority use service days ["or the service day equivalent of a quota] for

[if appropriate, designate activity or district].

Selection item 1: Select to have clause appear.

The quota for this use is ["Describe the quota. For example, the quota for this use is 3 launches per day, six people per launch, 2 days per week for 12 weeks"].

Selection item 2: Select to remove item 1 and have nothing appear.

assigned sites grazing use (in head months (HMs))

This use will be exercised as described in the [“five-year” or “annual”] operating plan.

The following appendices are attached to and made a part of this permit: APPENDIX A – Map of Authorized Area APPENDIX B – [“Five-year” or “annual”] 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

APPENDIX G – Other

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.

Selection item 1: For up to 10-year priority use permits.

A. FIVE-YEAR OPERATING PLAN. The 5-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 (e) identity and schedule for any inspections that the holder is required to conduct at the holder’s expense. Selection item 2: For 2-year priority use permits and transitional priority use permits.

A. ANNUAL OPERATING PLAN. The annual 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 an annual operating plan by [date before start of operating season], in consultation with the authorized officer. At a minimum, the annual operating plan shall include (1) the season of use for authorized outfitting and guiding activities, including the start and stop date of operations; Page 4 of 20 USDA Forest Service FS-2700-4i (v.07/2012) OMB No. 0596-0082

(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; (e) identity and schedule for any inspections that the holder is required to conduct at the holder’s expense. 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 National Forest System 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. Page 5 of 20 USDA Forest Service FS-2700-4i (v.07/2012) OMB No. 0596-0082

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.

Selection item 1: Select to have clause appear.

P. NOXIOUS WEED/EXOTIC PLANT PREVENTION AND CONTROL. The holder shall be responsible for the prevention and control of noxious weeds and/or exotic plants arising from the authorized use. For purposes of this clause, noxious weeds and exotic plants include those

species recognized as such by [name of federal, state, or local authority]. The

holder shall follow prevention and control measures required by [name of federal, state, or local authority]. When determined to be necessary by the authorized officer, the holder shall develop a plan for noxious weed and exotic plant prevention and control. These plans must have prior written approval from the authorized officer and, upon approval, shall be attached to this permit as an appendix. Selection item 2: Select to remove item 1 and have nothing appear. Re-letter the following clause if necessary.

Selection item 1: Use this clause in permits involving livestock.

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Q. WEED-FREE HAY. The holder shall use only hay, grain, straw, pelletized feed, or mulch certified as noxious weed-free or noxious weed seed-free by a State Department of Agriculture or other authorized county official. The holder shall provide documentation of that certification to the authorized officer. Selection item 2: Select to remove item 1 and have nothing appear.

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 214, 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 that are associated with the use and occupancy authorized by this permit. Damage includes but is not limited to destruction of or damage to National Forest lands covered by this permit, fire suppression costs, and destruction of or damage to government-owned improvements covered by this permit. 1. 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. 2. 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 AND SAFETY. The holder shall address the health and safety of its employees, agents, and clients by having trained and qualified staff, utilizing properly maintained equipment, and providing supervision appropriate for the level of risk associated with the authorized activity. The holder shall avoid situations or conditions that cause or threaten to cause a hazard to public health or the safety of the holder's employees, agents, or clients. The holder shall as soon as practicable notify the authorized officer of all serious accidents that occur in connection with such activities. The Forest Service has no duty under the terms of this permit to inspect the permit

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area or operations and activities of the holder for hazardous conditions or compliance with health and safety standards. H. ENVIRONMENTAL PROTECTION

1. For purposes of clauses III.H 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 oil, 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.

2. 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. Environmental damage includes but is not limited to 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. If the environment or any government property covered by this permit becomes damaged in connection with the holder's use and occupancy, the holder shall as soon as practicable repair the damage or replace the damaged items to the satisfaction of the authorized officer and at no expense to the United States.

3. The holder shall as soon as practicable, as completely as possible, and in compliance with all applicable laws and regulations abate any activity or condition arising out of or relating to the authorized use and occupancy that causes or threatens to cause harm to the environment, including areas of vegetation or timber, fish or other wildlife populations, their habitats, or any other natural resources.

I. 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.