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FOREST SERVICE MANUAL
DENVER, CO
TITLE 1500 - EXTERNAL RELATIONS
Supplement No. 1500-95-2
Effective June 13, 1995
POSTING NOTICE: Supplements are numbered consecutively by Title and
calendar year. Post by document name. This supplement replaces all Region 2 text
except Interim Directives (ID). Retain this transmittal as the first page of this
document. The last supplement to this Title was Supplement 1500-95-1 to FSM
1561.1561.9.
Document Name
1566.2-1566.23a
Superseded New
Number of Pages)
-
20
Digest:
1566 - This is a technical supplement which adds Exhibit 01, Memorandum of
Understanding between Wyoming State Board of Outfitters and Professional
Guides and Wyoming Office of the Bureau of Land Management (BLM). States
guidelines and terms for cooperation in maintaining and enhancing the quality of
service provided by outfitters in the State of Wyoming was formerly in 1561-1561.9.
ELIZABETH ESTILL
Regional Forester
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FSM 1500 - EXTERNAL RELATIONS
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CHAPTER 1560 - STATE, COUNTY, AND LOCAL AGENCIES;
PUBLIC AND PRIVATE ORGANIZATIONS
1566.22 - Recreation.
1566.22 - Exhibit 01
1102-0002-90-045
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
BUREAU OF LAND MANAGEMENT, WYOMING,
U.S. DEPARTMENT OF THE INTERIOR
ROCKY MOUNTAIN REGION, FOREST SERVICE
INTERMOUNTAIN REGION, FOREST SERVICE
U.S. DEPARTMENT OF AGRICULTURE
WYOMING STATE BOARD OF OUTFITTERS AND PROFESSIONAL GUIDES
REGARDING
Maintaining and enhancing the quality of service provided by the outfitter industry
in Wyoming on National Forest System lands and Bureau of Land Management
administered public lands through the coordinated application of State and Federal
laws and regulations governing the operation of outfitting and guiding services.
September, 1990
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE
BUREAU OF LAND MANAGEMENT, WYOMING,
U.S. DEPARTMENT OF THE INTERIOR
ROCKY MOUNTAIN REGION, FOREST SERVICE
INTERMOUNTAIN REGION, FOREST SERVICE
U.S. DEPARTMENT OF AGRICULTURE
WYOMING STATE BOARD OF OUTFITTERS AND PROFESSIONAL GUIDES
PURPOSE
It is the mutual desire of the Forest Service, U. S. Department of Agriculture
(Service), the Bureau of Land Management (BLM) and the Wyoming Board of
Outfitters and Professional Guides (Board) to cooperate in maintaining and
enhancing the quality of service provided by the outfitter industry in Wyoming on
National Forest System lands and Bureau of Land Management administered
public lands through the coordinated application of State and Federal laws and
regulations governing the operation of outfitting and guiding services.
AUTHORITY
The Bureau of Land Management, herein referred to as BLM, is authorized under
43 CFR, Part 8370, Subpart 8372, "Special Recreation Permits other than on
developed recreation sites" to administer permits for outfitting and guiding on BLM
public lands. The BLM is authorized to enter into Cooperative Management
Agreements on the public lands by the Federal Land Policy and Management Act of
1976, PL 94-579.
The Forest Service, U.S. Department of Agriculture, herein referred to as the
Service, under the Acts of June 4, 1897 (16 USC 551), August 10, 1971 (16 USC
551a), June 12, 1960 (PL 86-517) and other applicable laws as the National
Environment Policy Act of 1969 and the Forest and Rangeland Renewable Resource
Planning Act (1974) as amended by the National Forest Management Act of 1976 is
directed to manage the National Forest System (NFS).
The Wyoming Board of Outfitters and Professional Guides, herein referred to as the
Board, may issue a Wyoming license to a qualified applicant whose services are
marketed and available to members of the public when the applicant meets all the
requisite qualifications of training, experience, knowledge and criteria as set forth
in Wyoming W.S. 23-2-406 through 23-2-417.
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AREAS OF COOPERATION
The Service, BLM, and Board mutually agree:
1. To maintain close cooperation through the interchange of information
in matters of mutual interest including enforcement of laws, reporting complaints,
violations and unsatisfactory performance and to mutually advise of any convictions
of outfitters and guides for violations of laws, regulations or Board actions.
2. To coordinate the permitting and licensing of hunting activities for
outfitting and guiding purposes. See attached Exhibits S2, S3 and S4 for specific
operating guidelines for the Service and Exhibits BLM-1 and BLM-2 for the BLM.
3. That in the event of a proposed change of ownership of an outfitting
business affecting BLM or Service lands neither the Board nor the Service/BLM will
reissue a license or permit to the new owner without prior contact with the other
affected parties. See Exhibits S2 and S3 for specific Service *guidelines and Exhibit
BLM-1 for specific BLM operating guidelines.
4. When a new outfitter business becomes available on Service or BLM
public lands, or an individual proposing an outfitter business initiates a license
application and/or special use application, the parties to this Memorandum of
Understanding (MOU) will coordinate their actions. See Exhibit S2 for specific
Service guidelines and Exhibit BLM-1 for specific BLM guidelines.
5. To the extent possible, there will be mutual agreement on amendments
to current licenses that affect the Board, Service or BLM.
6. In cases of routine renewal where no change is involved and no
compliance problems exist, the license and/or permit may be processed without
prior consultation.
7. Hold joint meetings annually between the Board, Service and the BLM
to discuss MOU changes and other policy matters. The Board will initiate all the
meetings and host them in even years, the Service/BLM will host in the odd years.
8. Each party will designate their representative(s) as its official contact
in regard to this MOU by a letter with copies to all parties upon signing this MOU
and each year thereafter until the MOU terminates. These representatives (or their
designee) are responsible for coordinating their respective agency's responsibilities
during the administration of this MOU in a timely and efficient manner. If they
cannot resolve a coordination problem, they shall immediately communicate the
problem to the next higher level of authority within the respective Service, BLM or
Board for resolution.
9. To participate in the development of performance review standards for
Service Special-Use Permits and/or associated Operating Plans. Service Exhibit S1
and BLM Exhibits BLM-3 "Outfitter/Guide Performance Rating Guidelines" display
the initial performance review standards under this MOU.
ADMINISTRATIVE PROVISIONS
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Nothing in this agreement will be construed as limiting or affecting in any way the
authority or responsibility of the State of Wyoming, Service, or BLM or as binding
on these parties to perform beyond their respective authority or to require any party
to assume or expend any sum in excess of appropriations available.
Officials Not to Benefit: No member of or delegate to Congress or resident
commissioners shall be admitted to any share or part of this agreement or to any
benefit that may arise therefrom.
This MOU shall become effective upon signature by all parties. Any party may
withdraw from the MOU by giving 30 days written notice to the other parties.
Amendments to this MOU may be proposed by any party to this MOU and shall
become effective upon approval in writing by all parties.
WYOMING BOARD OF OUTFITTERS AND PROFESSIONAL GUIDES
10-18-91
Date
By /s/ Edward P. Moriarity
Chairman of the Board
FOREST SERVICE, U.S. DEPARTMENT OF AGRICULTURE
11-6-91
Date
By /s/ Larry R. Coffelt for
GARY E. CARGILL
Regional Forester
Rocky Mountain Region
11-8-91
Date
By /s/ Robert C. Joslin, for
J. S. TIXIER
Regional Forester
Intermountain Region
BUREAU OF LAND MANAGEMENT
12-5-91
Date
By /s/ Ray Brubaker
RAY BRUBAKER
State Director
Wyoming
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Exhibit - BLM - 1
BLM/WBOPG Operating Guidelines for Issuing
New WBOPG Licenses and
New BLM Special Recreation Permits (SRPs)
1.
Upon receipt of a new application (also applies to change in ownership of
an outfitter business) for a commercial SRP or WBOPG license, the Board
and BLM will notify and request comments on proposed use from affected
parties including but not limited to buyer, seller, neighboring outfitters,
local Wyoming Game & Fish Department Warden, local outfitting
organization representative, and other BLM resource area representatives,
as appropriate. The Board and BLM will provide and inform the outfitter
applicant with the necessary information required to obtain a WBOPG
license and BLM-SRP.
This step will be completed within 30 days from receipt of application.
2.
The BLM will ensure initial permit requirements (use fee, insurance,
performance bond, etc.) are met, review alternatives, conduct the
appropriate level public involvement and prepare the necessary
environmental document to analyze the effects of the proposal.
The BLM will either approve (subject to WBOPG license approval) or deny
the SRP application within 60 days from receipt of the application. In the
event the WBOPG denies a license the BLM permit will be null and void.
3.
Upon receipt of a copy1 of the BLM-SRP authorization, the WBOPG will
review the prospective outfitter license application, operations plan and
other required information, issue an outfitters exam and either approve or
deny the license application.
The license will be issued or denied within 45 days of receipt of the BLMSRP authorization.
Note:
Total processing time for issuing a new BLM-SRP and WBOPGLicense for outfitting and guiding purposes will be approximately
90 days. Applications involving controversial or very extensive
uses requiring interoffice coordination may take more time. The
public will continue to be encouraged to submit applications for
SRP's by June 1 annually to ensure authorization prior to the
hunting season.
As standard operating procedures, copies of all correspondence initiated by the BLM or the
WBOPG affecting an individual outfitter's business will be sent to the affected agency office
1
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Exhibit - BLM - 2
BLM/WBOPG Operating Guidelines for Issuing
Supplemental Area Authorizations (BLM and WBOPG)
to existing SRP's and Licenses
1.
Upon receipt of a request for an additional or supplemental hunt area
authorization the Board and the BLM will notify and request comments on
the proposed use from affected parties including but not limited to buyer,
seller, neighboring outfitters, local Wyoming Game & Fish Department
Warden, local outfitting organization representative, and other BLM
resource area representatives, as appropriate. The Board and the BLM
will provide and inform the outfitter applicant of the necessary information
required to obtain a supplemental or additional area authorization.
This step will be completed within 30 days from receipt of request for
additional area authorization.
2.
The BLM will ensure permit requirements are met, and amend or prepare
the necessary environmental analysis to analyze the effects of the
proposal.
The BLM will either approve (subject to WBOPG Supplemental Area
License approval) or deny the additional authorization within 30 days from
receipt of the request. In the event the WBOPG denies a Supplemental
Area Authorization, the BLM Supplemental Area Authorization will be
null and void.
3.
Upon receipt of a copy of the BLM Supplemental Area Authorization form
(to be developed), the WBOPG will review the outfitter's request along
with other required information and either approve or deny the
supplemental area authorization.
The WBOPG Supplemental Area Authorization will be issued or denied
within 30 days of receipt of the BLM Supplemental Area Authorization.
Note:
Total processing time for issuing a BLM or WBOPG
Supplemental Area Authorization for outfitting and guiding
purposes will be approximately 60 days. Requests involving
controversial or very extensive additional uses requiring
interoffice coordination may take more time.
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Exhibit - BLM - 3
BLM - Special Recreation Permit
Outfitter/Guide Performance Rating Guidelines
1.
An Annual Post-Use Report will be required by all outfitters holding BLMSpecial Recreation Permits.
2.
An annual evaluation will be required by all outfitters holding BLMSpecial Recreation Permits (BLM Manual 8372-1). The evaluation will
assess adequacy of use fees, liability insurance policy, performance bonds,
operating plans, permit violations, public complaints and other
information as appropriate.
Four different performance levels are recognized: Superior, Acceptable,
Probationary, and Unacceptable.
A.
Superior - Performance is fully satisfactory and meets or exceeds all
established standards for the permitted activities. Award permittee
with Certificate of Appreciation signed by the Area Manager or
District Manager.
B.
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.
C.
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 guests or others, is not
in violation of law and does not pose a threat of significant resource
damage. However, corrective action by the permittee is mandatory
and continuous 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 permittee who is given a summary performance rating of
probationary will qualify for a permit period not to exceed one year
and permits with remaining periods of more than one year will be so
amended. If a holder continues to operate at the probationary level,
the authorized office shall terminate the permit and/or deny future
permit applications.
Exhibit - BLM - 3 - Continued
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D.
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Unacceptable - Performance 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 guests or others, involve a serious violation of
law or pose a threat of significant 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 or outfitter/guide laws and
regulations in conjunction with permitted activities, failure to pay
fees, failure to comply with permit requirements of insurance, failure
to meet minimum requirements established for utilization of permit
privileges, falsification of 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.
3.
On-the-ground inspections will be required when warranted for all
outfitters who maintain reserved camps on BLM-administered public
lands as part of their business. No inspections will be required for day use
outfitters who use a combination of state, private, and public land and do
not maintain reserved camps.
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Exhibit S1
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 camp inspections, 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 permittees, Forest Service, community, and noncommercial 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.
The Wyoming Board of Outfitters and Professional Guides evaluates
service and client complaints. The rating in this category should be
coordinated with the Board in accordance with the current Memorandum
of Understanding and supporting policy.
2.
Compliance with permit conditions - The permittee'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: 1) fee payment, 2) insurance, 3) advertising, 4) Title VI
compliance, 5) use records, 6) compliance with laws and regulations, 7)
minimum use requirements, 8) accurate and adequate records for audit, 9)
third party restrictions, and 10) other permit provisions.
3.
Compliance with Operating Plan. - All elements of the operating plan will
be reviewed including such items as: 1) following itinerary/schedules, 2)
party size, 3) actual vs permitted use, 4) no trace ethics, 5)
confirmations/cancellations, 6) adequate and accurate fee information, 7)
camp requirements, and 8) other provisions.
4.
Equipment - This rating will be based on the type and quality of equipment
used to assure a safe trip. Are equipment and stock as advertised,
maintained in good, safe condition, and adequate for the purpose? Are
boats, vehicles or aircraft licensed, identified, and certified when required?
Coordinate with other agencies such as the Coast Guard or Wyoming
Board of Outfitters and Professional Guides as appropriate.
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Exhibit S1--2
5.
Safety - This rating will be based on the permittee's safety record and
exhibited concern for the safety of guests, employees, and the general
public. Considerations include: 1) handling of emergencies, 2) safety
procedures followed, 3) first aid supplies available as required by Wyoming
Board of Outfitter/Guide rules and regulations, 4) accident record, 5) safety
equipment adequacy, availability, and use, 6) compliance with safety
standards for the activity, and 7) responsible and safe conduct of activities.
As appropriate, coordinate with the Coast Guard or Wyoming Board of
Outfitters and Professional Guides in accordance with the current
Memorandum of Understanding and supporting policy.
6.
Resource Protection - This rating will be based on the permittee's use and
care of campsites, sanitation procedures for human waste and garbage,
protection of cultural resources, compliance with fire regulations,
compliance with fish and game regulations and protection of other natural
resources. Since clients are the direct responsibility of the permittee, their
actions while on a scheduled 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 guests 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 violation of permit
conditions or law. Coordinate with the Wyoming Board of Outfitters and
Professional Guides in accordance with the current Memorandum of
Understanding and supporting policy. Serious incidents will be reported to
the Board, Fish and Game, or other involved cooperating agencies as soon
as possible. These agencies should be encouraged to cooperate in any
investigation and avoid duplication of effort.
8.
Rating System - A rating will be assigned to each category based on the
permittee'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. Four different levels of performance will be
recognized as follows:
1)
Superior - Performance is fully satisfactory and meets or exceeds all
established standards for the permitted activities. Award permittee
with Certificate of Appreciation signed by the Forest Supervisor.
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Exhibit S1--3
2)
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.
3)
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 guests or others, is not
in violation of law and does not pose a threat of significant resource
damage. However, corrective action by the permittee is mandatory
and continues 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 permittee who is given a summary performance rating of
probationary will qualify for a permit period not to exceed one year
and permits with remaining periods of more than one year will be so
amended. If a holder continues to operate at the probationary level,
the authorized office shall terminate the permit and/or deny future
permit applications.
4)
Unacceptable - Performance 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 guests or others, involve a serious violation of
law or pose a threat of significant 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 or outfitter/guide laws and
regulations in conjunction with permitted activities, failure to pay
fees, failure to comply with permit requirements for insurance,
failure to meet minimum requirements established for utilization of
permit privileges, falsification of 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 permittee 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,
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ratings are confidential between Forest Service and the holder, except that ratings
will be coordinated as necessary with other responsible state and federal regulating
agencies. All FOIA requests must be forwarded to the Regional Forester.
The Wyoming Board of Outfitters and Professional Guides will advise the
appropriate District Ranger when it has information concerning performance that
needs to be brought to the Ranger's attention and could result in an unacceptable or
probationary rating. The Forest Officer will contact the Board and discuss the
process to be used in coordination of the evaluation whenever a rating of other than
acceptable is anticipated. Written comments from the Board will be requested prior
to issuing a probationary or unacceptable rating.
A performance rating is subject to administrative review (appeal) pursuant to 36
CFR 251.
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Exhibit S1--4
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OUTFITTER-GUIDE PERFORMANCE RATING
Permittee
Type of Operation
Location
Period
Rating Category
(See Rating Guide)
to
Rating
1. Service to Public
2. Compliance with permit conditions
3 .Compliance with operating plan
4. Equipment
Rating Category
(See Rating Guide)
Rating
5. Safety
6. Resource Protection
(Describe in attachments)
SUMMARY RATING
Comments:
Efforts made by the permittee to correct deficiencies noted on the last performance
evaluation:
Recommended Corrective Actions:
Commendable Performance:
Wyoming Board Contacted
Comments attached for probationary or unacceptable ratings
(date)
(Check)
Forest Officer
Date
Outtfitter's Comments::
Outfitter *
Rating
Date
S – Superior
A - Acceptable
P - Probationary
U - Unacceptable
NA - Does not apply (See rating guide for definition)
Note: Use additional sheets as necessary for comments, description of major incidents,
recommended corrective actions, corrective efforts and commendable performance. (Rating
subject to appeal; see page 3 of Rating Guidelines).
*The Outfitter will be afforded the opportunity to sign whenever a rating of probationary or
unacceptable is proposed. The outfitter's signature acknowledges receipt and review of the
rating, not necessarily agreement.
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Exhibit S2
INTRODUCTION
The purpose of these guidelines is to provide a framework for coordinating the
respective responsibilities of the Board and Service to license and permit outfitting
and guide activities. Ongoing and open communication between agencies is the key
to smooth operating procedures which best serve the public need. The following
guidelines are designed to be flexible. The precision with which these guidelines
are followed is dependent upon each case. In some instances, certain steps may be
combined with other steps or omitted altogether. This will be agreed on between
the Board and Service for each case. In some cases, adequate coordination may be
accomplished by phone and/or letter; in other instances, joint sessions may be
necessary to arrange the process to be followed.
It is the intent of the Board and Service as desirable and necessary under the
following circumstances and as dictated by the need to implement the coordinating
guidelines for issuing permits and licenses developed under the umbrella of the
MOU:
1.
Where a sale of the business assets of an existing priority use permit is
anticipated, and the prospective buyer asks for a new permit for the use
associated with the business they have purchased, "GUIDELINES FOR
ISSUING NEW FOREST SERVICE SPECIAL PERMITS, AND WYOMING
OUTFITTER AND PROFESSIONAL GUIDE LICENSES UPON THE SALE
OF THE BUSINESS" will be employed (See Service Exhibit S3).
2.
Where a license/permit application is received to conduct outfitting
activities in an area currently served by an outfitter, but the services to be
provided are unique to the area or represent an additional public service that
could potentially be provided without impinging on the ability of the existing
outfitter to conduct a viable business or impacting resource conditions, the
Board and Service will coordinate action in accordance with the
"GUIDELINES FOR ISSUING SUPPLEMENTAL AREA
AUTHORIZATIONS TO EXISTING PERMITTEE AND LICENSEE AND
LICENSES" (See Service Exhibit S4).
3.
In all other situations as described below, the "GUIDELINES FOR
ISSUING NEW WYOMING OUTFITTER AND PROFESSIONAL GUIDE
LICENSES AND NEW FOREST SERVICE SPECIAL USE PERMITS" (See
Service Exhibit S2--2) will be used.
a.
A new commercial opportunity is identified where no similar commercial
activity has been conducted in the past. Such opportunities are
identified through Service planning efforts, by the public expressing a
need or desire, or by an applicant expressing an interest in providing the
service.
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b.
Where a break in the continuity of an authorization for an operating
business occurs due to license or permit termination, revocation,
abandonment, or any other similar circumstance resulting in the need to
issue/reissue a new permit or license to conduct an operation in an area
where an operation had previously been conducted.
c.
Where, due to termination of priority use or an increase in capacity, a
new permit/license is being considered or an increase in the
authorization of an existing permit/license is possible.
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Exhibit S2--2
GUIDELINES FOR ISSUING
NEW WYOMING OUTFITTER AND GUIDE LICENSES INVOLVING NF LANDS
NEW FOREST SERVICE SPECIAL USE PERMITS
STEP 1: When a proposal or inquiry is received by the Board or the Service, they
will notify the other party of the proposal. When an application is received, the
issuance of a new permit/license will be considered.
This step will be completed within 30 days from receipt of application.
STEP 2: The Service will review and process permit applications in accordance with
National, Regional Policy, and applicable regulations for the use found in The Code
of Federal Regulations (Title 36 251.50 Special Uses Subpart B).
STEP 3: The Service will notify the Board of any pending environmental analysis
(in conformance with the National Environmental Policy Act-NEPA) relative
outfitting and guiding and solicit the Board's input. The Board will be notified of
the decision to issue a new permit by the Service.
STEP 4: The Board will assist the Service in establishing selection criteria,
investigating and screening proposed permit/license applicants to help the Service
select the best qualified outfitter, if there is more than one applicant for the
proposed new permit.
STEP 5: The Service identifies preferred permittee and forwards name to Board. If
mutually agreeable, the Board issues a license and the Service issues a special use
permit.
The total processing time for issuing a new Service permit and Board
License should not generally exceed 90 days following completion of Step 3.
The Forest Officer issuing the permit will deal directly with the Board.
This will usually be the District Ranger.
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Exhibit S2--3
TRACKING SHEET 1/
GUIDELINES FOR ISSUING
NEW WYOMING OUTFITTER GUIDE LICENSES
NEW FOREST SERVICE SPECIAL USE PERMITS
Applicant Name:
Type of Activity:
Location:
District and Forest:
Date
Action by and With Whom 2/ Action Agreed on or Taken
Step 1-3/
1/
The purpose of the sheet is to document the action which has taken place.
2/
Use person's name or initials and agency (USF, WBO&PG) industry, etc.
3/
Write in additional steps as needed. There could be several entries under one
or more steps depending on the complexity of the proposal.
R2 SUPPLEMENT 1500-95-2
EFFECTIVE 6/13/95
1566.2_1566.23a
Page 19 of 20
Exhibit S3
GUIDELINES FOR ISSUING FOREST SERVICE
SPECIAL USE PERMITS
AND WYOMING OUTFITTER AND PROFESSIONAL GUIDE LICENSES
UPON THE SALE OF THE BUSINESS
1.
Outfitter finds a prospective buyer and accompanied by buyer contacts
local District Ranger to find out the terms of the special use permit,
operating plan, licenses and to obtain applications.
2.
Service will notify the Board of proposed sale and request any potential
changes in license, what the changes are, and why they are being
contemplated.
This Step will be completed within 30 days from receipt of application.
3.
Applicant submits relinquishment/application.
4.
Service will review application and bona fide documents showing
conveyance of a substantial portion of the business to determine validity of
the sale. Service will then complete necessary review for determining
applicants qualification for a special use permit as required in Title 36
CFR 250.50 Subpart B and complete NEPA requirements (Decision Memo)
for the transfer.
5.
Service will notify Board of the decision and if the proposed applicant
meets the requirements for a permittee.
6.
Board makes a determination of the applicants ability to provide the
required service and meet the Boards criteria for a Wyoming State
Outfitter License.
7.
Board notifies Service of the results of its determination and agreement is
reached on whether to issue permit/license.
8.
Service conducts any required public transfer meetings with buyer, seller,
neighboring outfitters, local Game & Fish Warden and local outfitting
organization representation.
9.
Applicant is issued permit/license and completes Service operating plan.
The permit will be issued as a temporary or priority permit according to
the qualifications of the applicant. Temporary permits will be reissued as
priority use after demonstration of their acceptable, or better,
performance for two years.
Note: Total processing time for issuing a new service permit and Board
License should not generally exceed 90 days. The Forest Officer issuing
the permit will deal directly with the Board. This will usually be the
District Ranger.
R2 SUPPLEMENT 1500-95-2
EFFECTIVE 6/13/95
1566.2_1566.23a
Page 20 of 20
Exhibit - S4
GUIDELINES FOR ISSUING
SUPPLEMENTAL AREA AUTHORIZATIONS
TO EXISTING PERMITTEE AND LICENSEE
1.
Upon receipt of a request for an additional or supplemental hunt area
authorization the Board and the Service will notify and request comments
on the proposed use from affected parties including, but not limited to,
neighboring outfitters, local Wyoming Game & Fish Department Warden,
and local outfitting organization representative, as appropriate. The
Board and the Service will provide and inform the outfitter applicant of the
necessary information required to obtain a supplemental or additional
area authorization.
This step will be completed within 30 days from receipt of request for
additional area authorization.
2.
The Service will ensure permit requirements are met, and amend or
prepare the necessary environmental analysis to analyze the effects of the
proposal.
The Service will either approve or deny the additional authorization within
30 days from receipt of the request. Approval will be acknowledged by the
signature of the Forest Officer responsible for the supplemental area on
the State form "State Board of Outfitters and Professional Guides
Application for Supplemental Area Authorization." In the event the Board
denies a Supplemental Area Authorization, the Service's approval will be
null and void.
3.
Upon receipt of the Application for Supplemental Area Authorization, the
Board will review the outfitter's request along with other required
information and either approve or deny the supplemental area
authorization within 30 days.
Note:
Total processing time for issuing a Service/Board Supplemental
Area Authorization for outfitting and guiding purposes will be
approximately 60 days. Requests involving controversial or very
extensive additional uses requiring interoffice coordination may
take more time.