Guides and Outfitters on Federal Lands:
June 3, 2020May 18, 2022
Background and Permitting Processes
Mark K. DeSantis
Commercial guides and outfitters provide visitors to federal lands with a wide range of
Commercial guides and outfitters provide visitors to federal lands with a wide range of
outdoor
Analyst in Natural
Analyst in Natural
outdoor recreational and educational opportunities, such as river rafting, horseback trips, recreational and educational opportunities, such as river rafting, horseback trips,
and hiking
Resources Policy
Resources Policy
and hiking excursions. Annually, these businesses lead thousands of trips across federal excursions. Annually, these businesses lead thousands of trips across federal
lands, primarily lands, primarily
those managed by the four major federal land management agencies (FLMAs): the Bureau of those managed by the four major federal land management agencies (FLMAs): the Bureau of
Land Management (BLM), Fish and Wildlife Service (FWS), Land Management (BLM), Fish and Wildlife Service (FWS),
and National Park Service (NPS)—and National Park Service (NPS)—
all in the Department of the Interior (DOI)—and the Forest Service (FS) in the Department of all in the Department of the Interior (DOI)—and the Forest Service (FS) in the Department of
Agriculture (USDA).
According to the Bureau of Economic Analysis, in real terms, guided tours and outfitted travel contributed approximately $11.1 billion in value added in 2017 and nearly $68.5 billion total value added from 2012 to 2017. The guide and outfitter industry is of particular importance to the economies of rural communities across the country. These operators provide economic opportunity in communities where tourism may be a job-creating industry. Such businesses rely heavily on federal lands to execute their work and provide services to clients. According to some industry estimates, of the roughly 40,000 small businesses nationwide who provide guide and outfitter services, approximately 15,000 operate under permit, contract, or other authorization from at least one of the FLMAs.
Agriculture (USDA).
Various federal authorities apply to commercial guides and outfitters operating on federal Various federal authorities apply to commercial guides and outfitters operating on federal
land slands, including laws, executive , including laws, executive
orders, agency policies and regulations, and other guidance. These authorities may apply broadly to an entire agency or land orders, agency policies and regulations, and other guidance. These authorities may apply broadly to an entire agency or land
system, or they may be narrow in scope, applying only to specific units or regions. Generally, all commercial guides and system, or they may be narrow in scope, applying only to specific units or regions. Generally, all commercial guides and
outfitters are required to obtain a permit to operate on federal lands, and the laws, regulations, and policies that guide this outfitters are required to obtain a permit to operate on federal lands, and the laws, regulations, and policies that guide this
permitting process vary across the FLMAs. For example, with the passage of the Federal Lands Recreation Enhancement Act permitting process vary across the FLMAs. For example, with the passage of the Federal Lands Recreation Enhancement Act
(FLREA; 16 U.S.C. §§6801-6814), Congress provided the four FLMAs and the U.S. Bureau of Reclamation with authority to (FLREA; 16 U.S.C. §§6801-6814), Congress provided the four FLMAs and the U.S. Bureau of Reclamation with authority to
issue special recreation permits for specialized recreation uses—including guide and outfitting operations—and to charge issue special recreation permits for specialized recreation uses—including guide and outfitting operations—and to charge
fees for those permits. However, permits for guides and outfitters still may be issued under other authorities, depending on fees for those permits. However, permits for guides and outfitters still may be issued under other authorities, depending on
the agency, the type of recreational activity, and the specific unit in question. In particular, NPS issues most of its permits for the agency, the type of recreational activity, and the specific unit in question. In particular, NPS issues most of its permits for
guides and outfitters under the National Park Service Concessions Management Improvement Act of 1998 (54 U.S.C. guides and outfitters under the National Park Service Concessions Management Improvement Act of 1998 (54 U.S.C.
§§101911 et seq.), and both FS and FWS issue some permits for recreational activities under authorities other than those §§101911 et seq.), and both FS and FWS issue some permits for recreational activities under authorities other than those
provided by FLREA.provided by FLREA.
The authority under which a permit is issued—as well as the agency issuing such a permit—may dictate the terms, fees, and
The authority under which a permit is issued—as well as the agency issuing such a permit—may dictate the terms, fees, and
requirements to which a permit holder is subject. For example, some permit terms require holders to pay annual fees based on requirements to which a permit holder is subject. For example, some permit terms require holders to pay annual fees based on
a percentage of their revenue, and other terms set standard fee scales. In addition, requirements for commercial general a percentage of their revenue, and other terms set standard fee scales. In addition, requirements for commercial general
liability insurance vary across agencies and on a case-by-case basis depending on the types of activities authorized under a liability insurance vary across agencies and on a case-by-case basis depending on the types of activities authorized under a
permit. Given that the various FLMA permitting processes have been a focal point of interest for many in Congress, the permit. Given that the various FLMA permitting processes have been a focal point of interest for many in Congress, the
Administration, and the outfitting industry, understanding these various requirements—as well as the broader role of Administration, and the outfitting industry, understanding these various requirements—as well as the broader role of
commercial guides and outfitters on federal lands—may be helpful commercial guides and outfitters on federal lands—may be helpful
as Congress considers further legislative action. to Congress. For more information regarding legislative issues related to commercial guides and outfitters on federal lands, see CRS Report R46381, Guides and Outfitters on Federal Lands: Issues and Legislation in the 116th Congress in Brief.
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Guides and Outfitters on Federal Lands: Background and Permitting Processes
Contents
Introduction ................................................................................................................... 1
Guides and Outfitters in the Economy .................................... 1 Federal Authorities Related to Guides and Outfitters .................................................................. 1
Federal Authorities Related to Guides and Outfitters............ 1
Authorities for Specific Recreation Activities and Services ..................................................... 2
Authorities for Specific Recreation Activities and ServicesState Requirements for Guides and Outfitters .............................................. 3
State Requirements for Commercial Guides and Outfitters .................................................... 4 3
Permitting Process for Guides and Outfitters Across Federal Land Management Agencies .......... 5. 4
U.S. Forest Service .................................................................................................................... 8 7
Authorities and Mechanisms ............................................................................................... 8 8
Planning Process ................................................................................................................. 8
Permit Terms ....................................................................................................................... 9 Permitting Fees ........ 9
Permitting Fees .................................................................................................... 9
Insurance and Liability..... 10 Insurance and Liability .................................................................................................. 10.... 11
Bureau of Land Management ................................................................................................... 11
Authorities and Mechanisms ............................................................................................. 12 11
Planning Process ............................................................................................................... 12
Permit Terms ..................................................................................................................... 13 12
Permitting Fees ................................................................................................................. 13 12
Insurance and Liability ..................................................................................................... 13
National Park Service .............................................................................................................. 14
Authorities and Mechanisms ............................................................................................. 14
Planning Process ............................................................................................................... 15
Permit Terms ..................................................................................................... 15................ 16
Permitting Fees ................................................................................................................. 16
Insurance and Liability .......................................................................................... 16........... 17
U.S. Fish and Wildlife Service ................................................................................................ 18 17
Authorities and Mechanisms ............................................................................................. 18
Planning Process ............................................................................................................... 19 18
Permit Terms ..................................................................................................................... 19 18
Permitting Fees ................................................................................................................. 19 19
Insurance and Liability .............................................................................................. 19....... 20
Concluding Thoughts and Further Reading ....................................................................... 19............ 20
Tables
Table 1. Permitting for Commercial Guides and Outfitters Across FLMAs ................................... 6
Contacts
Author Information ........................................................................................................................ 20
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Guides and Outfitters on Federal Lands: Background and Permitting Processes
Introduction1Introduction
Commercial guides and outfitters operate on federal lands across the United States, providing Commercial guides and outfitters operate on federal lands across the United States, providing
visitors with a wide range of outdoor recreational and educational opportunities.visitors with a wide range of outdoor recreational and educational opportunities.
21 Guide and Guide and
outfitter activities include backpacking, hunting/fishingoutfitter activities include backpacking, hunting/fishing
trips, educational excursions, float trips, canoe , educational excursions, float trips, canoe
or horse rentals, shuttle services, ski touring, helicopter skiing, or horse rentals, shuttle services, ski touring, helicopter skiing,
and vehicle/boat toursvehicle/boat tours
, and fishing trips. Both for-profit and nonprofit entities engage in commercial guide and outfitting activities . Both for-profit and nonprofit entities engage in commercial guide and outfitting activities
on federal lands.on federal lands.
32
The authorities under which commercial guides and outfitters operate and provide recreational
The authorities under which commercial guides and outfitters operate and provide recreational
services on federal lands vary for each of the four major federal land management agencies services on federal lands vary for each of the four major federal land management agencies
(FLMAs): the Bureau of Land Management (BLM), Fish and Wildlife(FLMAs): the Bureau of Land Management (BLM), Fish and Wildlife
Service (FWS), and Service (FWS), and
National Park Service (NPS)—National Park Service (NPS)—
al all in the Department of the Interior (DOI)—and the Forest in the Department of the Interior (DOI)—and the Forest
Service (FS) in the Department of Agriculture (USDA). This report discusses the role commercial Service (FS) in the Department of Agriculture (USDA). This report discusses the role commercial
guides and outfitters have in providing access to federal lands and guides and outfitters have in providing access to federal lands and
the economic impact the industry has on the broader recreation economy and local communities. It providesgives an overview an overview
of some of the federal and state authorities that may apply to commercial guides and outfitters of some of the federal and state authorities that may apply to commercial guides and outfitters
operating on lands owned and administered by the FLMAs. In particular, operating on lands owned and administered by the FLMAs. In particular,
this report examines permitting authorities permitting authorities
and requirements across and requirements across
al all four FLMAsfour FLMAs
are explored. Fees or permits associated with . Fees or permits associated with
noncommercial recreational activities are not included within this report.4
Guides and Outfitters in the Economy
As Congress considers issues related to outdoor recreation—including provision of federal resources, planning efforts, and funding—data on the size, distribution, and relative importance of guides and outfitters to the local and national economy may inform these debates. According to
Bureau of Economic Analysis’s (BEA’s) Outdoor Recreation Satel ite Account (ORSA), between 2012 and 2017 (the six-year period measured by ORSA), the outdoor recreation economy grew by approximately 7.1% in real terms, for a total of approximately $386.1 bil ion in value added
(the value of goods and services purchased by end-users minus the value of the goods and services used up in production) in 2017.5 During that time period, the “Guided Tours/Outfitted 1 For a more detailed discussion about issues related to commercial guides and outfitters that may be of interest to Congress, see companion report.
2 Generally, an outfitter is considered a business that provides clients with various products and services (which may include food, shelter, horses, equipment noncommercial recreational activities are not included within this report.3
For a more detailed discussion about issues related to commercial guides and outfitters, see CRS Report R46381, Guides and Outfitters on Federal Lands: Issues and Legislation in the 116th Congress in Brief.
Federal Authorities Related to Guides and Outfitters Multiple federal authorities apply to commercial guides and outfitters operating on federal lands, including laws, executive orders, agency regulations and policies, and other guidance. These authorities may apply broadly to an entire agency or land system, or they may be narrow in scope, applying to specific units or regions.
The federal government owns approximately 640 million acres of federal land in the United States; the four FLMAs administer roughly 95% of this land.4 These lands also include surface waters such as lakes, rivers, and wetlands, excluding areas within (but not on the shores of) the Great Lakes.5 Federal lands and waters may be considered dominant-, dual-, or multiple-use
1 Generally, an outfitter is considered a business that provides clients with various products and services (which may include food, shelter, horses, equipment, etc.) for a particular outdoor recreational activity. Outfitters often register and , etc.) for a particular outdoor recreational activity. Outfitters often register and
employ employ
guides to lead clients in these activities. For example, an outfitter may supply clients wishing to engage in a fly to lead clients in these activities. For example, an outfitter may supply clients wishing to engage in a fly
--
fishing trip with rods, flies, and waders,fishing trip with rods, flies, and waders,
and it may engageand it may engage
a guidea guide
to leadto lead
clients to local fishing areas, advise on clients to local fishing areas, advise on
fishing techniques, and ensure clients’ safety by monitoring local conditions. Guidesfishing techniques, and ensure clients’ safety by monitoring local conditions. Guides
also may operate also may operate
independentindependently of of
outfitters. outfitters.
3 Although
2 What constitutes commercial activities activities
are defined differentlyvaries depending on the federal land management agency depending on the federal land management agency
(FLMA) in question, generally speaking, both for-profit and nonprofit entities engage in commercial guide and outfitting activities on federal lands. T he. For example, the Bureau of Land Management (BLM) defines commercial use in regulations at 43 C.F.R. §2932.5. The determination of whether a given operation is commercial in nature typically depends on whether determination of whether a given operation is commercial in nature typically depends on whether
there is a charge in exchange for a provided good or service—not whether the entity operates primarily in a there is a charge in exchange for a provided good or service—not whether the entity operates primarily in a
commercial capacity. For example, the Bureau of Land Management (BLM) defines com m ercial use in regulations at 43 C.F.R. §2932.5.
4for-profit capacity.
3 Noncommercial recreational activities on federal lands that may require permits include large gatherings Noncommercial recreational activities on federal lands that may require permits include large gatherings
(such as weddings or church services), not , not-for--for-
profit athletic events (such as regattas and races), and others.
4 For more information on federal land ownership, see CRS Report R42346, Federal Land Ownership: Overview and Data, by Carol Hardy Vincent, Lucas F. Bermejo, and Laura A. Hanson.
5 Surface waters frequently are not distinguishable from the surrounding land within federal land ownership data,
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Guides and Outfitters on Federal Lands: Background and Permitting Processes
profit athletic events (such as regattas and races), and others. T hese activities are outside the scope of this report. 5 Christian Awuku-Budu and Connor Franks, Outdoor Recreation Satellite Account, U.S. and Prototype for States,
2017, Bureau of Economic Analysis (BEA), BEA 19-45, 2019. Hereinafter, Awuku-Budu and Franks, ORSA, U.S. and
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Guides and Outfitters on Federal Lands: Background and Permitting Processes
Travel” sub-account decreased 7.6% in real terms and contributed a total of $68.5 bil ion in value
added in the six years measured by ORSA.6
Between 2016 and 2017, guided tours and outfitted travel was one of the fastest growing
activities within the overal outdoor economy, growing 9.8% for a total of approximately $11.1 bil ion in value added in 2017. This was faster than the 3.9% growth for the total outdoor
economy and the 2.4% growth for the U.S. economy overal during this time period. 7
The guide and outfitter industry is of particular importance to the economies of rural communities across the country. Many commercial guides and outfitters operate in rural areas and gateway communities.8 These operators provide economic opportunity in communities where tourism may be a job-creating industry.9 Guide and outfitter businesses located in these communities may rely heavily on access to federal lands to execute their work and provide services to clients. According
to some industry estimates, of the roughly 40,000 smal businesses nationwide that provide guide and outfitter services, approximately 15,000 operate under a permit, contract, or other
authorization issued by one of the FLMAs.10
In evaluating legislation and current and proposed agency regulations related to commercial guides and outfitters, Congress and various Administrations have often considered the impact outfitting can have in contributing to rural economies. In particular, the federal government has, at times, looked to minimize the regulatory burden for smal businesses operating in rural
communities reliant on this source of economic input.11
Federal Authorities Related to Guides and Outfitters
Multiple federal authorities apply to commercial guides and outfitters operating on federal lands, including laws, executive orders, agency regulations and policies, and other guidance. These authorities may apply broadly to an entire agency or land system, or they may be narrow in scope,
applying to specific units or regions.
Prototype for States. An explanation of the Outdoor Recreation Satellite Account can be found on the BEA website here: https://apps.bea.gov/scb/2018/03-march/0318-protytype-statistics-for-the-outdoor-recreation-satellite-account.htm.
6 CRS calculation from BEA, Outdoor Recreation Satellite Account, U.S. and Prototype for States, 2017, Tables-Real
Outdoor Recreation Value Added by Activity, September 20, 2019.
7 Awuku-Budu and Franks, ORSA, U.S. and Prototype for States. 8 U.S. Congress, Senate Committee on Energy and Natural Resources, Outfitter Policy Act of 1999, report to accompany S. 1969, 106th Cong., 2nd sess. S.Rept. 106-491 (Washington, DC: GPO 2000), p. 11. Hereinafter referred to as “S.Rept. 106-491.” 9 S.Rept. 106-491. See also Outdoor Industry Association (OIA), The Outdoor Recreation Economy, 2017, at https://outdoorindustry.org/wp-content/uploads/2017/04/OIA_RecEconomy_FINAL_Single.pdf. 10 America Outdoors, “AO Letter to Senate Leadership re: Coronavirus Relief,” March 18, 2020, at https://www.americaoutdoors.org/assets/1/27/AO_letter_to_Senate_leadership_re_coronavirus_relief.pdf?6482.
11 For example, in May 2018, President T rump issued Executive Order (E.O.) 13838, “Exemption from Executive Order 13658 for Recreational Services on Federal Lands” (E.O. 13838, “Exemption From Executive Order 13658 for Recreational Services on Federal Lands,” 83 Federal Register 25341, May 25, 2018). T his E.O. exempted commercial guides and outfitters operating on federal lands from minimum wage requirements originally set forth by President Obama in 2014 (E.O. 13658, “ Establishing a Minimum Wage for Contractors ,” 79 Federal Register 9851-9854, February 20, 2014.). In response t o the 2018 E.O., then-Secretary of the Interior Ryan Zinke commented that, “ The order will have a positive effect on rural economies and American families.... ”
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Guides and Outfitters on Federal Lands: Background and Permitting Processes
The federal government owns approximately 640 mil ion acres of federal land in the United States; the four FLMAs administer roughly 95% of this land.12 These federal lands may be considered dominant-, dual-, or multiple-use lands, depending on the statutory authorities lands, depending on the statutory authorities
provided by Congress to a specific FLMA. For example, the dominant-use mission of FWS in provided by Congress to a specific FLMA. For example, the dominant-use mission of FWS in
administering the National Wildlifeadministering the National Wildlife
Refuge System (NWRS) is the conservation of fish, wildlife, Refuge System (NWRS) is the conservation of fish, wildlife,
and plant resources and associated habitats. NPS, by contrast, has a dual-use mission: to conserve and plant resources and associated habitats. NPS, by contrast, has a dual-use mission: to conserve
unique resources and provide for their use and enjoyment by the public. BLM and FS have a unique resources and provide for their use and enjoyment by the public. BLM and FS have a
statutorystatutorily defined mission to balance multiple uses that may include grazing, timber, habitat and watershed mission to balance multiple uses that may include grazing, timber, habitat and watershed
protection, and energy productionprotection, and energy production
, among others. Al . All of these statutory authorities provide for of these statutory authorities provide for
some level of outdoor recreation on the respective federal lands. some level of outdoor recreation on the respective federal lands.
General yGenerally, the degree to which , the degree to which
recreation is permitted—as recreation is permitted—as
wel as the types or recreation al owed on federal landswell as the types of recreation allowed—is guided by —is guided by
agency-specific management statutes for each FLMA. agency-specific management statutes for each FLMA.
FS manages the 193
FS manages the 193
mil ion -million-acre National Forest System (NFS)acre National Forest System (NFS)
, in accordance in accordance
with the Multiple
with the Multiple
Use and Sustained YieldUse and Sustained Yield
Act of 1960 (MUSYA), which Act of 1960 (MUSYA), which
authorizes outdoor recreation as a use of NFS lands, among other uses and authorizes outdoor recreation as a use of NFS lands, among other uses and
services.services.
13 6
BLM manages public lands for varied purposes relating to the preservation, use,
BLM manages public lands for varied purposes relating to the preservation, use,
and development of the lands and natural resources (including recreation), in
and development of the lands and natural resources (including recreation), in
accordance with the Federal Land Policy and Management Act of 1976.accordance with the Federal Land Policy and Management Act of 1976.
14 7
NPS administers the National Park System for both recreational use and
NPS administers the National Park System for both recreational use and
preservation of park resources, a mission defined within the agency’s Organic
preservation of park resources, a mission defined within the agency’s Organic
Act of 1916.Act of 1916.
15 8
FWS manages lands within the NWRS, in accordance with the National Wildlife
FWS manages lands within the NWRS, in accordance with the National Wildlife
Refuge System Administration Act, under which recreation is
Refuge System Administration Act, under which recreation is
general ygenerally authorized and regulated.authorized and regulated.
169
Although an FLMA may have broad authority to
Although an FLMA may have broad authority to
al owallow a particular type of recreational activity a particular type of recreational activity
offered by a commercial guide and outfitter, individualoffered by a commercial guide and outfitter, individual
land units or areas administered by the land units or areas administered by the
agency may prohibit such activities. This situation could arise due to the unit’s establishing agency may prohibit such activities. This situation could arise due to the unit’s establishing
legislation legislation or to specific policies, management plans, or other guidance developed at the unit or or to specific policies, management plans, or other guidance developed at the unit or
planning level. For example, although an FLMA may have the general authority to planning level. For example, although an FLMA may have the general authority to
al ow commercial y guidedallow commercially guided activity (e.g., whitewater rafting whitewater rafting
), the agency may choose to , the agency may choose to
disal owdisallow it in areas it in areas
determined to be determined to be
environmental yenvironmentally sensitive or unsafe for that activity. sensitive or unsafe for that activity.
Authorities for Specific Recreation Activities and Services
As notedAs noted
above, each of the FLMAs has a primary statute governing uses of agency lands that may , each of the FLMAs has a primary statute governing uses of agency lands that may
include recreational activities led by commercial outfitters and guides. However, additional include recreational activities led by commercial outfitters and guides. However, additional
authorities may apply to specific types of recreational activities offered by commercial operators. authorities may apply to specific types of recreational activities offered by commercial operators.
12 For more information on federal land ownership, see CRS Report R42346, Federal Land Ownership: Overview and
Data, by Carol Hardy Vincent, Lucas F. Bermejo, and Laura A. Hanson .
13 Multiple Use and Sustained Yield Act of 1960 (16 U.S.C. These authorities can include specific laws, executive orders, agency policies and regulations, and/or any guidance developed at the unit or planning level.
designation data, or designating authorities.
6 Multiple Use and Sustained Yield Act of 1960 (16 U.S.C. §§528 et seq.). For more information on the National §§528 et seq.). For more information on the National
Forest System (NFS),Forest System (NFS),
see CRSsee CRS
Report R42346, Report R42346,
Federal Land Ownership: Overview and Data , by Carol Hardy , by Carol Hardy
Vincent, Vincent,
Lucas Lucas F. Bermejo, and Laura A. HansonF. Bermejo, and Laura A. Hanson
. .
14
7 Federal Land Policy and Management Act of 1976 (FLPMA; 43 U.S.C. §§1701 et seq.). Federal Land Policy and Management Act of 1976 (FLPMA; 43 U.S.C. §§1701 et seq.).
158 National Park Service Organic Act National Park Service Organic Act
of 1916 (54 U.S.C. §of 1916 (54 U.S.C. §
100101). 16§100101 et seq.). 9 National Wildlife Refuge National Wildlife Refuge
System Administration ActSystem Administration Act
(16 U.S.C. §§668dd-668ee). (16 U.S.C. §§668dd-668ee).
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Guides and Outfitters on Federal Lands: Background and Permitting Processes
and Permitting Processes
These authorities can include specific laws, executive orders, agency policies and regulations,
and/or any guidance developed at the unit or planning level.
For example, some commercial guides and outfitters offer clients guided off-highway vehicle
For example, some commercial guides and outfitters offer clients guided off-highway vehicle
(OHV) trips across federal lands. Motorized recreation—and particularly the use of OHVs—is (OHV) trips across federal lands. Motorized recreation—and particularly the use of OHVs—is
largely defined and regulated pursuant to two executive orders:largely defined and regulated pursuant to two executive orders:
1710
Executive Order (E.O.) 11644 (February 8, 1972)
Executive Order (E.O.) 11644 (February 8, 1972)
:18 Directed directed agencies to develop agencies to develop
and issue regulations managing the use of OHVs.
and issue regulations managing the use of OHVs.
11
E.O. 11989 (May 24, 1977)
E.O. 11989 (May 24, 1977)
:19 Amended amended the 1972 order to exclude certain the 1972 order to exclude certain
vehicles vehicles
from the definition of an OHV and provided authority to immediately from the definition of an OHV and provided authority to immediately
close areas if OHVs were causing or would cause considerable damage to a close areas if OHVs were causing or would cause considerable damage to a
resource resource
(or “the area”). or area.12
Commercial guides and outfitters leading OHV trips would be subject to any guidance or
Commercial guides and outfitters leading OHV trips would be subject to any guidance or
regulations the agencies promulgated pursuant to these two orders.regulations the agencies promulgated pursuant to these two orders.
Another example
Another example
are federal laws pertaining to commercial guides and outfitters leading hunting are federal laws pertaining to commercial guides and outfitters leading hunting
and fishing excursions on federal lands and waters. Federal laws related to hunting and fishing and fishing excursions on federal lands and waters. Federal laws related to hunting and fishing
can be specific to a particular FLMA (i.e., agency-specific authorizing statutes listed above), to a can be specific to a particular FLMA (i.e., agency-specific authorizing statutes listed above), to a
particular species (e.g., the Migratory Bird Treaty Act), to a particular region (e.g., the Alaska particular species (e.g., the Migratory Bird Treaty Act), to a particular region (e.g., the Alaska
National Interest Lands Conservation Act), or a combination of those factors.National Interest Lands Conservation Act), or a combination of those factors.
2013
State Requirements for Commercial Guides and
Outfitters
GuidesIn addition to federal requirements, commercial guides and outfitters operating on federal lands may be subject to state-specific laws and and outfitters operating on federal lands may be subject to state-specific laws and
regulations in addition to federal ones. General yregulations. Generally, states have their own set of , states have their own set of
specific authorities authorities
that govern how outfitters conduct their businesses, that govern how outfitters conduct their businesses,
regardless of whether or not their operations primarily take whether or not their operations primarily take
place on federal lands. Compliance with place on federal lands. Compliance with
these state-levelstate authorities is authorities is
typical y typically considered a considered a
prerequisite for any applicants applying for FLMA-issued commercial recreation permits.prerequisite for any applicants applying for FLMA-issued commercial recreation permits.
2114 For For
example, some states require operators to be members of a trade association or group in order to example, some states require operators to be members of a trade association or group in order to
operate as a commercial guide and outfitter within the state. Other states have licensing operate as a commercial guide and outfitter within the state. Other states have licensing
requirements for guides that may include mandatory training or coursework. States that requirements for guides that may include mandatory training or coursework. States that
do have have
licensing requirements for guides and outfitters licensing requirements for guides and outfitters
typical ytypically require a license for specific require a license for specific
activities, such as hunting. For example, in Montana, a commercial guide must be licensed to take people hunting or fishing for pay, but not for taking clients on hikes or float trips.15
10activities,
17 For more information on motorized recreation on lands of FLMAs, see For more information on motorized recreation on lands of FLMAs, see
CRS CRS Report R42920, Report R42920,
Motorized Recreation
on Bureau of Land Managem entManagement and Forest Service Lands, by Carol Hardy Vincent and Katie Hoover; and CRS , by Carol Hardy Vincent and Katie Hoover; and CRS
Report R42955, Report R42955,
Motorized Recreation on National Park Service Lands, by Laura B. Comay, Carol Hardy Vincent, and , by Laura B. Comay, Carol Hardy Vincent, and
Kristina Alexander. Kristina Alexander.
1811 E.O. 11644, “Use of Off-Road Vehicles E.O. 11644, “Use of Off-Road Vehicles
on the Public Lands,” 37on the Public Lands,” 37
Federal Register 2877, February 8, 1972. 2877, February 8, 1972.
1912 E.O. 11989, “Use of Off-Road Vehicles E.O. 11989, “Use of Off-Road Vehicles
on the Public Lands,” 42on the Public Lands,” 42
Federal Register 26959, May 24, 1977. 26959, May 24, 1977.
20 T he13 The Migratory Bird Migratory Bird
T reatyTreaty Act (16 U.S.C. §§703-712) provides the federal government with the authority to regulate Act (16 U.S.C. §§703-712) provides the federal government with the authority to regulate
the hunting of migratory birds in the United Statesthe hunting of migratory birds in the United States
, and the. The Alaska National Interest Lands Conservation Act Alaska National Interest Lands Conservation Act
(ANILCA; 16 U.S.C.(ANILCA; 16 U.S.C.
§§3101 et seq.) establishes3101 et seq.) establishes
requirements for both recreational (sport) and subsistence hunting and requirements for both recreational (sport) and subsistence hunting and
fishing on federal landsfishing on federal lands
and waters in Alaska. and waters in Alaska.
2114 For example, Forest Service (FS) For example, Forest Service (FS)
policy indicates that the agency will not issuepolicy indicates that the agency will not issue
a permit to a commercial guidea permit to a commercial guide
or or
outfitter if the applicant “lacks the prerequisites to conduct outfitting and guidingoutfitter if the applicant “lacks the prerequisites to conduct outfitting and guiding
(such as a State license, liability (such as a State license, liability
insurance, and equipment).” FS,insurance, and equipment).” FS,
Forest Service Handbook (FSH)Forest Service Handbook (FSH)
2709.14, 2709.14,
Recreation Special Uses Handbook, Section , Section
53.1c (FSH53.1c (FSH
2709.14_53.1c).
15 Mont. Code Ann. §37.47.3. See also Montana Outfitters and Guides Association, “FAQs for Board of Outfitters Issues,” at https://www.montanaoutfitters.org/wp-content/uploads/2018-MBO-FAQ-Presentation.pdf, accessed on May 9, 2020.
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Guides and Outfitters on Federal Lands: Background and Permitting Processes
2709.14_53.1c).
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Guides and Outfitters on Federal Lands: Background and Permitting Processes
such as hunting. For example, in Montana, a commercial guide must be licensed to take people
hunting or fishing for pay but not for taking clients on hikes or float trips.22
Commercial hunting and fishing guides may be subject to additional state authorities. Congress
Commercial hunting and fishing guides may be subject to additional state authorities. Congress
has general yhas generally given states the right and responsibility to manage hunting and fishing on federal given states the right and responsibility to manage hunting and fishing on federal
lands when not in conflict with federal law.lands when not in conflict with federal law.
23 Many16 Certain federal statutes authorizing activities on federal statutes authorizing activities on
federal lands clarify that federal lands clarify that
agencies shal federal agencies shall not impede upon state authority to manage fish and not impede upon state authority to manage fish and
wildlife where it is not in conflict with federal law and wildlife where it is not in conflict with federal law and
shall align federal management with state fish align federal management with state fish
and wildlife laws and management to the maximum extent practicable.and wildlife laws and management to the maximum extent practicable.
2417
Permitting Process for Guides and Outfitters Across
Federal Land Management Agencies
General yIn addition to any state requirements, commercial guides and outfitters , commercial guides and outfitters
generally are required to obtain a are required to obtain a
permit in orderfederal permit to operate on to operate on
lands owned and administered by the FLMAs. Over the years, the FLMAs have used their lands owned and administered by the FLMAs. Over the years, the FLMAs have used their
individual individual authorities to issue permits to commercial guides and outfitters, leading to varying authorities to issue permits to commercial guides and outfitters, leading to varying
permitting procedures among agencies. In 2004, Congress standardized some of these processes permitting procedures among agencies. In 2004, Congress standardized some of these processes
with the passage of the Federal Lands Recreation Enhancement Act (FLREA).with the passage of the Federal Lands Recreation Enhancement Act (FLREA).
2518 Among other Among other
provisions, FLREA provided the four FLMAs (and the Bureau of Reclamation, also within DOI) provisions, FLREA provided the four FLMAs (and the Bureau of Reclamation, also within DOI)
with authority to issue with authority to issue
special recreation permits for specialized recreation uses—including guide for specialized recreation uses—including guide
and outfitting operations—and to charge fees for those permits. Under FLREA, at least 80% of and outfitting operations—and to charge fees for those permits. Under FLREA, at least 80% of
the revenue collected from those fees is to be retained and used at the site where it was generated, the revenue collected from those fees is to be retained and used at the site where it was generated,
although the Secretaries (of DOI and USDA) can reduce that amount to not less than 60% for a although the Secretaries (of DOI and USDA) can reduce that amount to not less than 60% for a
fiscal year if collections exceed reasonable needs.fiscal year if collections exceed reasonable needs.
2619 The remaining collections are to be used The remaining collections are to be used
agency-wide, at the agency’s discretion.agency-wide, at the agency’s discretion.
2720 In practice, the agencies In practice, the agencies
general y al owgenerally allow between 80% between 80%
and 100% of fees to be used at the collecting sites.and 100% of fees to be used at the collecting sites.
2821
Although FLREA
Although FLREA
applies to applies to
al all four FLMAs (and the Bureau of Reclamation), permits four FLMAs (and the Bureau of Reclamation), permits
issued to guides for guides and outfitters may be issued under other authorities depending on the agency, the type of and outfitters may be issued under other authorities depending on the agency, the type of
recreational activity, and the specific unit in question.recreational activity, and the specific unit in question.
2922 For example, NPS issues most permits for For example, NPS issues most permits for
guides and outfitters under the National Park Service Concessions Management Improvement Act guides and outfitters under the National Park Service Concessions Management Improvement Act
22 Montana Outfitters and Guides Association, “FAQs for Board of Outfitters Issues,” at https://www.montanaoutfitters.org/wp-content/uploads/2018-MBO-FAQ-Presentation.pdf, accessed on May 9, 2020.
23 For more information, see CRS of 1998.23 FS and FWS also issue some recreation permits under authorities other than those provided by FLREA.
The FLMAs have also established agency-specific regulations, policies, and other guidance pursuant to the authorities under which they permit guide and outfitter operations. These policies 16 For more information, see CRS Report R45103, Report R45103,
Hunting and Fishing on Federal Lands and Waters: Overview and
Issues for Congress, by R., by R.
Eliot Crafton. For more information on the role of states in the management of federal lands, Eliot Crafton. For more information on the role of states in the management of federal lands,
see CRSsee CRS
Report R44267, Report R44267,
State Managem entManagement of Federal Lands: Frequently Asked Questions, by Carol Hardy Vincent, by Carol Hardy Vincent
. 24.
17 For example, P.L. 109-13 includes §6036, titled “Reaffirmation of State Regulation of Resident and Nonresident For example, P.L. 109-13 includes §6036, titled “Reaffirmation of State Regulation of Resident and Nonresident
Hunting and Fishing Act of 2005,” which states, “Hunting and Fishing Act of 2005,” which states, “
It is the policy of Congress that it is in the public interest for each It is the policy of Congress that it is in the public interest for each
State to continue to regulate the taking for any purpose State to continue to regulate the taking for any purpose
o fof fish and wildlife fish and wildlife
within its boundaries.” within its boundaries.”
2518 Federal Lands Federal Lands
Recreation Enhancement Act (FLREA; 16 U.S.C.Recreation Enhancement Act (FLREA; 16 U.S.C.
§§6801-6814). §§6801-6814).
2619 16 U.S.C. 16 U.S.C.
§§6806(c)(1)(A)-(B). §§6806(c)(1)(A)-(B).
2720 16 U.S.C. 16 U.S.C.
§§6806(c)(2). §§6806(c)(2).
2821 U.S. Dept. of the Interior and U.S. Dept. of Agriculture, Federal Lands Recreation Enhancement Act: Third Triennial Report to Congress, 2012, p. ix. For more information, see CRS For more information, see CRS
In FocusIn Focus
IF10151, IF10151,
Federal Lands Recreation Enhancement Act: Overview and
Issues, by Carol Hardy Vincent, by Carol Hardy Vincent
. .
2922 For example, some land units administered by FLMAs For example, some land units administered by FLMAs
in Alaska may issuein Alaska may issue
permits under the authority granted permits under the authority granted
through ANILCA (16 U.S.C.through ANILCA (16 U.S.C.
§§3101 et seq.).
23 National Park Service Concessions Management Improvement Act of 1998 (P.L. 105-391; 54 U.S.C. §§101911-101926).
Congressional Research Service
4
link to page 9 link to page 9§§3101 et seq.).
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link to page 9 link to page 9 link to page 10 link to page 9 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 Guides and Outfitters on Federal Lands: Background and Permitting Processes
typicallyand Permitting Processes
of 1998.30 FS and FWS also issue some recreation permits under authorities other than those
provided by FLREA.
The FLMAs have also established agency-specific regulations, policies, and other guidance
pursuant to the authorities under which they permit guide and outfitter operations. These policies typical y direct land managers to consider a variety of factors in determining how and whether a direct land managers to consider a variety of factors in determining how and whether a
permit may be issued, such as the statutory and regulatory authorities of the FLMA administering permit may be issued, such as the statutory and regulatory authorities of the FLMA administering
the applicable area, the scale and type of the proposed activity, the applicable area’s land and the applicable area, the scale and type of the proposed activity, the applicable area’s land and
resource management plan(s), and other variables.resource management plan(s), and other variables.
Table 1 provides permitting authority, regulation, and guidance for various activities.
Below Table 1 is a discussion of the agency-specific permitting processes for commercial guides and outfitters across the four FLMAs
Below is a discussion of the agency-specific permitting processes for commercial guides and outfitters across the four FLMAs. Table 1 provides a brief comparison of the topics discussed at length in the report’s agency sections. Each section includes a discussion and summary of the . Each section includes a discussion and summary of the
types of permits issued by the agency, the authority under which they are issued, as types of permits issued by the agency, the authority under which they are issued, as
wel well as any as any
agency policies and guidance that have been established related to permit terms, applicable fees, agency policies and guidance that have been established related to permit terms, applicable fees,
and insurance requirements for guides and outfitters operating under these permits.and insurance requirements for guides and outfitters operating under these permits.
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link to page 9 link to page 9 link to page 9 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10
Table 1. Permitting for Commercial Guides and Outfitters Across FLMAs
Primary
Standard
Permitting
Permitting
PermitStandard
Insurance
Liability Waiver
Agency
Permit Type
Authoritya
Regulations
Permit Policies/Guidanceb
Permit FeescFeesa
Minimums
WaiverAllowance
2014 Recreation Permit and Fee
Administration Handbook (H-
Land use Handbook Land use rental
Special Recreation
Special Recreation
43 C.F.R.
rental fee
≥ $600,000 Permits
BLM
(H-2930-1)
fee
(SRPs)
≥ $600,000 aggregatee
No national policy
d
16 U.S.C. §6802(h)
43 C.F.R. §2930
No national
BLM
2930-1)
Permits (SRPs)d
16 U.S.C. §6802(h)
§2930
aggregatee
policy
2007 Recreation Permits and Fees
Cost recovery
Cost
Fees Manual (MS-2930) (MS-2930)
recovery
Special UseSpecial Use Authorizations
16 U.S.C. §6802(h)
Forest Service Manual (FSM) 2700
Land use rental
36 C.F.R.
Land use
Authorizations
16 U.S.C. §6802(h)
36 C.F.R. §251,
2700
rental fee
≥ $300,000
No national
FS
(SUAs)e§251,
FS
(SUAs)f
Various additional
Various additional
fee
Subpart B
Forest Service Handbook
≥ $300,000 aggregateg No national policyh
SRPs
statutes
(FSH) 2700
Cost recovery
Commercial Activity Special
16 U.S.C. §6802(h)
50 C.F.R. §25,
FWS
Use Permits (CASUPs)
16 U.S.C. §§668dd-ee
Subpart D
—
Variesi
—j
No national policy
SRPs
16 U.S.C. §§460k-460k-4
2006 Management Policies
Chapter 10
Concessions Contracts
54 U.S.C. Ch. 1019
2018 NPS Commercial Services
Franchise fees
NPS
Commercial Use
36 C.F.R. §51
Guide
≥ $1 mil ion aggregatel
Not permitted
Authorizations (CUAs)
16 U.S.C. §6802(h)
CUA fees
Reference Manual (RM) #53
Interim Guidancek
Source: Congressional Research Service Subpart B
aggregatee
policye
statutes
Forest Service Handbook (FSH)
Cost
SRPs
2700
recovery
Commercial
16 U.S.C. §6802(h)
Activity Special Use
16 U.S.C. §§668dd-ee
50 C.F.R. §25,
No national
FWS
Permits (CASUPs)
16 U.S.C. §§460k-
Subpart D
—
Variesi
—i
policy
SRPs
460k-4
2006 Management Policies
Concessions
Chapter 10
Contracts
Franchise
54 U.S.C. Ch. 1019
2018 NPS Commercial Services
≥ $1M
Not
NPS
Commercial Use
36 C.F.R. §51
fees
16 U.S.C. §6802(h)
Guide
aggregatel
permitted
Authorizations
Reference Manual (RM) #53
CUA fees
(CUAs)
Interim Guidancek
Source: Congressional Research Service (CRS). (CRS).
Notes: FLMA = federal land management agency; BLM = Bureau of Land Management; FS = Forest Service;FLMA = federal land management agency; BLM = Bureau of Land Management; FS = Forest Service;
FWS FWS
= Fish and Wildlife= Fish and Wildlife
Service;Service;
NPS = National Park Service.NPS = National Park Service.
a. a.
General y, Generally, the authorizations and subsequent permitting requirementsthe authorizations and subsequent permitting requirements
reflected reflected here do not apply to here do not apply to
federal lands in Alaska,federal lands in Alaska,
which are largely subject to the which are largely subject to the
authorities provided in the Alaskaauthorities provided in the Alaska
National Interest National Interest
Lands Conservation Act of 1980 (16 U.S.C.Lands Conservation Act of 1980 (16 U.S.C.
§§3101 et seq.).
b. The guidance referenced is agency-wide §§3101 et seq.).
30 National Park Service Concessions Management Improvement Act of 1998 (P.L. 105-391; 54 U.S.C. §§101911-101926).
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Guides and Outfitters on Federal Lands: Background and Permitting Processes
b. The guidance referenced is either agency-wide or national guidance. It does not reflect any regional or unit-
guidance. It does not reflect any regional or unit-specific guidance that may be in place.specific guidance that may be in place.
c. The permit fees c. The permit fees
reflected listed here are not comprehensive,here are not comprehensive,
but rather reflect the standard fees assessedbut rather reflect the standard fees assessed
by each by each
agency for agency for
most commercialcommercial
guide and outfitting permits.guide and outfitting permits.
For a discussionFor a discussion
of the different types of fee termsof the different types of fee terms
, reflected here, see the “Permitting Fees” heading for the individual agency sectionssee the “Permitting Fees” heading for the individual agency sections
below. below.
CRS-6
d. There are five d. There are five
different types of SRPs: commercial,types of SRPs: commercial,
competitive,competitive,
group event, special areas, and vending group event, special areas, and vending
uses. Activitiesuses. Activities
by guides and outfitters by guides and outfitters
are typical ytypically are permitted under permitted under
commercial
commercial SRPs. SRPs.
e. BLM, H-2930-1,
e. BLM, H-2930-1,
BLM Recreation Permit and Fee Administration Handbook,,
2014, pp. 1-49 to 1-52. Under BLM 2014, pp. 1-49 to 1-52. Under BLM
guidance, a certificate of insurance that shows “per guidance, a certificate of insurance that shows “per
occurrence” and not “annual aggregate” coverage need occurrence” and not “annual aggregate” coverage need
only carry a minimumonly carry a minimum
coverage of $300,000.coverage of $300,000.
f.
f.
FS primarily
FS primarily
authorizes commercialauthorizes commercial
guides and outfitters through two types of SUAs: priorityguides and outfitters through two types of SUAs: priority
use permits use permits
and temporaryand temporary
use permits.use permits.
g. See FS, Exhibit 01 in
g. See FS, Exhibit 01 in
2713.1, ,
Forest Service Manual. Minimum There is a minimum requirement requirement
of $300,000 aggregate for low-risk of $300,000 aggregate for low-risk
activities,activities,
including backpacking, nature hikes,including backpacking, nature hikes,
and Nordic and Nordic
ski ng. skiing. Minimum coverage can be higher for high-Minimum coverage can be higher for high-
risk risk activities,activities,
such as aerial activities and rafting. such as aerial activities and rafting.
h. Several
h. Several
FS regionsFS regions
have issued supplemental guidance preventing permithave issued supplemental guidance preventing permit
holders from requiring customers holders from requiring customers
to sign liabilityto sign liability
forms.forms.
i. i.
Except in Alaska,
Except in Alaska,
fees for guide and outfitting permits vary on a case-by-case basis,fees for guide and outfitting permits vary on a case-by-case basis,
depending on factors depending on factors
such as the activity permitted and the workloadsuch as the activity permitted and the workload
required for processing a permit.required for processing a permit.
Some refuges may charge Some refuges may charge
only amounts sufficient to recoveronly amounts sufficient to recover
costs,costs,
whereas others may charge both recoverywhereas others may charge both recovery
costs and additional costs and additional
fees.fees.
j.
j.
Some
Some
individual FWS units have established guidance on insurance minimumsindividual FWS units have established guidance on insurance minimums
based on activity and based on activity and
perceived risk.perceived risk.
k. NPS issued proposed regulations
k. NPS issued proposed regulations
for CUAs in 2002 but has not finalized them. In 2005, NPS issued interim for CUAs in 2002 but has not finalized them. In 2005, NPS issued interim
CUA guidelines to assist superintendents in issuing and CUA guidelines to assist superintendents in issuing and
managing CUAs.managing CUAs.
Since 2005, NPS has issued Since 2005, NPS has issued
additional guidance for specific components of CUA administration and permitting,additional guidance for specific components of CUA administration and permitting,
which supplement and which supplement and
sometimes supersede sometimes supersede the 2005 guidance. the 2005 guidance.
l.
l.
NPS
NPS
general y requires minimum generally requires minimum general liabilitygeneral liability
insurance in the amount of $1 mil ioninsurance in the amount of $1 mil ion
in aggregate and in aggregate and
$500,000 per occurrence for low-risk$500,000 per occurrence for low-risk
activities (e.g.,activities (e.g.,
guided backpacking and hunting) under concessions guided backpacking and hunting) under concessions
contracts. Minimumcontracts. Minimum
requirements increase requirements increase depending on the riskdepending on the risk
level of the associated activity. Interim level of the associated activity. Interim
guidance for guides and outfitters operating under CUAs list general liability insurance minimumsguidance for guides and outfitters operating under CUAs list general liability insurance minimums
only on a only on a
per occurrence basis. Similarper occurrence basis. Similar
to concessionsto concessions
contracts, minimumcontracts, minimum
requirements requirements for low-riskfor low-risk
activities start at activities start at
$500,000 per occurrence. $500,000 per occurrence.
CRS-7
Guides and Outfitters on Federal Lands: Background and Permitting Processes
U.S. Forest Service
FS, within USDA, manages the 193FS, within USDA, manages the 193
mil ion -million-acre NFS. MUSYA authorizes outdoor recreation as acre NFS. MUSYA authorizes outdoor recreation as
a a
use of NFS lands, among other uses and services.use of NFS lands, among other uses and services.
3124 Management goals for NFS lands are Management goals for NFS lands are
articulated in Section 1 of MUSYA, which specifies that the NFS “articulated in Section 1 of MUSYA, which specifies that the NFS “
shal shall be administered for be administered for
outdoor recreation, range, timber, watershed, and wildlife and fish purposes.” In its outdoor recreation, range, timber, watershed, and wildlife and fish purposes.” In its
FY2021FY2023 budget justification, FS reports budget justification, FS reports
nearly 150 mil ion annual168.2 million visits to NFS lands for recreational visits to NFS lands for recreational
purposes in 2020purposes, while managing about , while managing about
2533,000 permits for recreational uses.,000 permits for recreational uses.
32 Of those 25,000 recreation permits, roughly 9,600 are considered outfitting and guiding permits, with between
1,500 and 2,000 permits issued each year.33
31 P.L. 86-517, 16 U.S.C. §§528 et seq. 32 Visitation figures come from FS, FY2021 Budget Justification, p. 51. Permit figures provided to the Congressional Research Service (CRS) by FS Office of Legislative and Congressional Affairs, January 16, 2020.
33 Data provided to CRS by FS Office of Legislative and Congressional Affairs, January 16, 2020.
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Guides and Outfitters on Federal Lands: Background and Permitting Processes
25 Of these permits, more than 13,000 are considered outfitting and guiding permits, most of which are multiyear permits that carry over from year to year.26 On an annual basis, FS typically issues between 1,500 and 2,000 new permits for guide and outfitting services.27
Authorities and Mechanisms
FS uses a combination of special use authorizations (SUAs) and special recreation permits (SRPs)
FS uses a combination of special use authorizations (SUAs) and special recreation permits (SRPs)
to authorize commercial recreational activities on NFS lands. FS administers guiding and to authorize commercial recreational activities on NFS lands. FS administers guiding and
outfitting primarily under SUAs. The authority to issue SUAs (which cover a wide variety of outfitting primarily under SUAs. The authority to issue SUAs (which cover a wide variety of
uses, including recreation activities) stems from several statutes, including FLREA (16 U.S.C. uses, including recreation activities) stems from several statutes, including FLREA (16 U.S.C.
§§6801-6814).§§6801-6814).
28 The authority to issue SRPs—a subset of SUAs—comes directly from FLREA. The authority to issue SRPs—a subset of SUAs—comes directly from FLREA.
34 FS also may authorize guiding and outfitting under the Term Permit Act of 1915, when the FS also may authorize guiding and outfitting under the Term Permit Act of 1915, when the
activity operates in connection with a commercial public service site (such as a resort or lodge).activity operates in connection with a commercial public service site (such as a resort or lodge).
3529 In addition, FS has a number of concessioner-operated sites that are not included in the FLREA In addition, FS has a number of concessioner-operated sites that are not included in the FLREA
authority.authority.
36 30
FS
FS
has promulgated permitting regulations for promulgated permitting regulations for
al all types of SUAs.types of SUAs.
3731 FS also FS also
has established policies and established policies and
guidance guidance
specifical yspecifically for the issuance of SUAs for commercial guides and outfitters. for the issuance of SUAs for commercial guides and outfitters.
3832 Among Among
other provisions, these regulations delegate to district rangers the authority to issue and revoke other provisions, these regulations delegate to district rangers the authority to issue and revoke
most SUAs and SRPs for outfitting and guiding.most SUAs and SRPs for outfitting and guiding.
39 33
Planning Process
Any permit issued by an FS official for commercial guide and outfitting use must be consistent
Any permit issued by an FS official for commercial guide and outfitting use must be consistent
with the land and resources management plan for that NFS unit.with the land and resources management plan for that NFS unit.
34 Need, use, capacity, and Need, use, capacity, and
al ocation levels for specific guide and outfitting services must be established prior to the
issuance of new permits.
24 P.L. 86-517, 16 U.S.C. §§528 et seq. 25 Visitation figures come from FS, FY2023 Budget Justification, p. 2 and reflect 2020 visitation figures. Permit figures come from FS, FY2023 Budget Justification, p. 81.
26 Data provided to CRS by FS Office of Legislative and Congressional Affairs, April 28, 2022. 27 FS reported issuing just over 2,000 guide and outfitter permits in 2021. 28 For a complete list of authorities that allow FS to issue special use authorizations (SUAs), see FS, Section 2710.1, “Special Uses Management,” in Forest Service Manual (FSM), 2700. Hereinafter, manual cited as FSM. 29 16 U.S.C. §497. 30 For a complete list of federal laws that allow occupancy and use of NFS lands by entities other than FS, see FSM 2710.1.
31 36 C.F.R. §251, Subpart B. 32 FS policy guidance can be found in FSH 2709.14_50. 33 36 C.F.R. §251.53. District rangers oversee individual districts within a national forest unit, whereas forest supervisors are responsible for an entire national forest unit.
34 FS, “Special-use Permit Application,” at https://www.fs.usda.gov/working-with-us/contracts-commercial-permits/special-use-permit-application. See also FSH 2709.14. For lands and waters under their administration, the FS is
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Guides and Outfitters on Federal Lands: Background and Permitting Processes
allocation levels for specific guide and outfitting services typically are established prior to the issuance of new permits.35 FS policy outlines three approaches to assess and determine these levels: FS policy outlines three approaches to assess and determine these levels:
(1) needs assessment, (2) resource capacity analysis, and (3) (1) needs assessment, (2) resource capacity analysis, and (3)
al ocationallocation of use. of use.
40 36
To determine the public or agency need for authorized guide and outfitting activities at a given
To determine the public or agency need for authorized guide and outfitting activities at a given
unit, the agency may conduct a unit, the agency may conduct a
needs assessment. Such an assessment may consider a variety of . Such an assessment may consider a variety of
factors, such as accessibility, size of the area, difficulty of the terrain, current levels of outfitting factors, such as accessibility, size of the area, difficulty of the terrain, current levels of outfitting
and guiding, and demographics of visitors to the area.and guiding, and demographics of visitors to the area.
41 Should, at any point,37 Should existing levels of existing levels of
commercial recreation use commercial recreation use
suggestindicate an adverse impact on resource conditions, FS an adverse impact on resource conditions, FS
also may may
conduct a conduct a
resource capacity analysis to assess “the amount of use and types of activities that may to assess “the amount of use and types of activities that may
be conducted without detrimental environmental and associated impacts.”be conducted without detrimental environmental and associated impacts.”
4238 If FS identifies both a If FS identifies both a
need and an need and an
ability ability to accommodate commercial guides and outfitters, managers are to determine to accommodate commercial guides and outfitters, managers are to determine
the the
allocation of use for potential operators.for potential operators.
4339 This pool of recreational use then may be This pool of recreational use then may be
al ocatedallocated between between
nonoutfittednon-outfitted visitors and commercial guide and outfitting operators. visitors and commercial guide and outfitting operators.
Al ocations for
34 For a complete list of authorities that allow FS to issue special use authorizations (SUAs), see FS, Section 2710.1, “Special Uses Management ,” in Forest Service Manual (FSM), 2700. Hereinafter, manual cited as FSM.
35 16 U.S.C. §497. 36 For a complete list of federal laws that allow occupancy and use of NFS lands by entities other than FS, see FSM 2710.1.
37 36 C.F.R. §251, Subpart B. 38 FS policy guidance can be found in FSH 2709.14_50. 39 36 C.F.R. §251.53. District rangers oversee individual districts within a national forest unit, whereas forest supervisors are responsible for an entire national forest unit .
40 FSH 2709.14_53.1f. 41 FSH 2709.14_53.1f(1). 42 FSH 2709.14_53.1f(2). 43 FSH 2709.14_53.1f(3).
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Allocations for commercial guide and outfitting also may be further apportioned between commercial guide and outfitting also may be further apportioned between
priority use and and
temporary use permits. permits.
Permit Terms
FS primarily authorizes commercial guides and outfitters through two types of SUAs: priority use
FS primarily authorizes commercial guides and outfitters through two types of SUAs: priority use
permits and temporary use permits. Priority use permits permits and temporary use permits. Priority use permits
typical ytypically are intended for ongoing are intended for ongoing
commercial guide and outfitter operations and are issued for a period of up to 10 years, subject to commercial guide and outfitter operations and are issued for a period of up to 10 years, subject to
noncompetitive renewal.noncompetitive renewal.
4440 Temporary use permits Temporary use permits
typical ytypically are used for operators looking for are used for operators looking for
one-time or short-term use of FS lands, and they are not eligible for renewal. FS one-time or short-term use of FS lands, and they are not eligible for renewal. FS
al ocatesallocates temporary use permits in increments of 50 service days, up to a maximum of 200 service days, temporary use permits in increments of 50 service days, up to a maximum of 200 service days,
with one temporary use permit issued per 180 days, per holder, per use area.with one temporary use permit issued per 180 days, per holder, per use area.
4541 Temporary use Temporary use
permits are issued noncompetitively to qualified applicants on a first-come, first-served basis. permits are issued noncompetitively to qualified applicants on a first-come, first-served basis.
FS
FS
al ocatesallocates guide and outfitting permits between priority and temporary use pools based on guide and outfitting permits between priority and temporary use pools based on
various factors, including visitor needs, agency goals, and current levels of use. New priority and various factors, including visitor needs, agency goals, and current levels of use. New priority and
temporary use permits for guides and outfitters may be issued when new or additional capacity is temporary use permits for guides and outfitters may be issued when new or additional capacity is
determined; an existing permit is revoked, terminated, or otherwise not reissued to the permit holder; or competitive interest in an area or activity arises.46 If competitive interest exists, FS may issue a prospectus to potential applicants and select the guide or outfitter competitively. Selection criteria for competitive permits general y are based on the kind and quality of service proposed, applicant experience, verification of financial resources, and potential fees returned to the federal
government.47
Permitting Fees
With some exceptions, FS permitting fees for guides and outfitters vary on a case-by-case basis.48 General y, commercial guides and outfitters operating under a priority use permit pay FS a land-use rental fee of approximately 3% of their adjusted gross revenue (defined by FS as “gross
revenue and revenue additions less applicable exclusions”). 49 Such exclusions or adjustments may include specific revenue generated from operations on non-FS lands. However, not al revenue from goods or services provided on non-FS lands is excluded from the adjusted gross revenue calculation. For example, a commercial guide who led a multiday hunt on FS lands but provided lodging and meals off-site would be subject to a permitting fee based on the total
revenue collected as part of the offered package; this is because such lodging and meals were provided in connection with the guided trip on FS lands. A flat land-use fee of $150 per 50
44 FSH 2709.14_53.1e. Priority use permits were previously issued
required to develop a management plan that serves as the principal document that guides the decision making of FS managers for a given site. These plans provide long-term management direction for the resources and uses within a given FS unit.
35 FSH 2709.14_53.1f. Need, use, capacity, and allocation levels typically are established in the land and resources management plan for that NFS unit (e.g., in a programmatic decision pursuant to a wilderness plan, wild and scenic river plan, or plan for another type of congressionally designated area).
36 FSH 2709.14_53.1f. 37 FSH 2709.14_53.1f(1). 38 FSH 2709.14_53.1f(2). 39 FSH 2709.14_53.1f(3). 40 FSH 2709.14_53.1e. Priority use permits were previously issued for a period of up to 5 years, but the agency adopted for a period of up to 5 years, but the agency adopted
the 10-year permit term in 2005 to make outfitting and guidingthe 10-year permit term in 2005 to make outfitting and guiding
permits consistent with the policies of the National Park permits consistent with the policies of the National Park
ServiceService
(NPS) and(NPS) and
BLM (FS,BLM (FS,
“ Maximum T erm “Maximum Term for Outfitter and Guide for Outfitter and Guide
Special Use Special Use Permits on National Forest System Permits on National Forest System
Lands,” 70 Lands,” 70
Federal Register 19727, April 14, 2005). New priority use permits also may be issued 19727, April 14, 2005). New priority use permits also may be issued
for a period of two for a period of two
years with an option to extend for up to eight years basedyears with an option to extend for up to eight years based
on satisfactory compliance with permit terms and existing on satisfactory compliance with permit terms and existing
land management plans. land management plans.
T hisThis interim permit is typically intended for new interim permit is typically intended for new
applicant s applicants with no or limited experience with no or limited experience
providing outfitting and guidingproviding outfitting and guiding
services services authorized under the priority use permit. authorized under the priority use permit.
4541 FSH FSH
2709.14_53.2709.14_53.
1e1k. FS defines . FS defines
service day as “An allocation of use constituting a day or any part of a day on as “An allocation of use constituting a day or any part of a day on
National Forest System landsNational Forest System lands
for which an outfitter or guide provides services to a client.for which an outfitter or guide provides services to a client.
T he The total number of service total number of service
days isdays is
calculated by multiplying each service day by the number of clients on the tripcalculated by multiplying each service day by the number of clients on the trip
. ”
46 FSH 2709.14_53.1h. 47 FSH ” (FSH 2709.14_53.2709.14_53.
1h(1). 48 FSH 2709.11. 49 FSH 2709.11_37.21c. 1e).
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determined; an existing permit is revoked, terminated, or otherwise not reissued to the permit holder; or competitive interest in an area or activity arises.42 If competitive interest exists, FS may issue a prospectus to potential applicants and select the guide or outfitter competitively. Selection criteria for competitive permits generally are based on the kind and quality of service proposed, applicant experience, verification of financial resources, and potential fees returned to the federal government.43
Permitting Fees
With some exceptions, FS permitting fees for guides and outfitters vary on a case-by-case basis.44 Generally, commercial guides and outfitters operating under a priority use permit pay FS a land-use rental fee of approximately 3% of their adjusted gross revenue (defined by FS as “gross revenue and revenue additions less applicable exclusions”).45 Such exclusions or adjustments may apply to specific revenue generated from operations on non-FS lands. However, not all revenue from goods or services provided on non-FS lands is excluded from the adjusted gross revenue calculation. For example, a commercial guide who led a multiday hunt on FS lands but provided lodging and meals off-site would be subject to a permitting fee based on the total revenue collected as part of the offered package; this is because such lodging and meals were provided in connection with the guided trip on FS lands. A flat land-use fee of $150 per 50 service days applies to temporary use permits.service days applies to temporary use permits.
5046 Guide and outfitter permit fees for operations in Guide and outfitter permit fees for operations in
Alaska are determined under a flat fee system.Alaska are determined under a flat fee system.
5147
In addition to the land-use rental fee, FS also may charge a cost-recovery fee.
In addition to the land-use rental fee, FS also may charge a cost-recovery fee.
5248 This cost- This cost-
recovery fee covers the administrative and personnel costs associated with issuing recreation recovery fee covers the administrative and personnel costs associated with issuing recreation
permits. These fees apply if the permit takes more than 50 hours to process or monitor.permits. These fees apply if the permit takes more than 50 hours to process or monitor.
53 Cost-49 In some cases, cost-recovery fees for guide and outfitter permits mayrecovery fees for guide and outfitter permits may
, in some cases, be substantial—for example, in be substantial—for example, in
instances instances
in whichwhere extensive environmental analysis or National Environmental Policy Act extensive environmental analysis or National Environmental Policy Act
(NEPA) requirements apply. (NEPA) requirements apply.
In addition to the land-use fee and any applicable cost-recovery fees, FS may charge fees for a
In addition to the land-use fee and any applicable cost-recovery fees, FS may charge fees for a
variety of other purposes, depending on the special use in question. These fees include assigned variety of other purposes, depending on the special use in question. These fees include assigned
site fees for operators occupying specific sites on an annual basis, grazing fees when outfitting site fees for operators occupying specific sites on an annual basis, grazing fees when outfitting
activities require animals to graze on FS lands, and transfer fees for when there is a change of activities require animals to graze on FS lands, and transfer fees for when there is a change of
ownership and a new authorization is issued. ownership and a new authorization is issued.
42 FSH 2709.14_53.1h. 43 FSH 2709.14_53.1h(3). 44 FSH 2709.11_37. 45 FSH 2709.11_37.21c. 46 For a table of land-use fees by service days, refer to FSH 2709.11_37.21b. This flat fee structure places limits on maximum gross revenue for each bracket of service days. Should gross revenue exceed these amounts, the 3% fee model would be applied.
47 FSH 2709.11 Region 10 (Alaska) Supplement. 48 36 C.F.R. §251.58. 49 36 C.F.R. §251.58(g). Additional guidance on cost recovery can be found at FSH 2709.11_31.31.
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Insurance and Liability
FS has issued policies on insurance requirements for SUA permitting
FS has issued policies on insurance requirements for SUA permitting
general y, and these policies generally, which apply to guides and outfitters operating under SUAs.apply to guides and outfitters operating under SUAs.
5450 The policies require general liability The policies require general liability
insurance for permittees based on the likelihood and severity of injury.insurance for permittees based on the likelihood and severity of injury.
5551 FS also FS also
has established established
minimum coverage amounts for liability insurance for specific guide and outfitter activities. minimum coverage amounts for liability insurance for specific guide and outfitter activities.
Minimum limits start at $300,000 aggregate coverage for lowMinimum limits start at $300,000 aggregate coverage for low
-risk activities (-risk activities (
i.ee.g., backpacking, ., backpacking,
running and walking eventsNordic skiing, nature hikes)., nature hikes).
5652 FS regulations delegate the authority to issue and FS regulations delegate the authority to issue and
revoke most SUAs and SRPs to district rangers, who may require additional forms of insurance or revoke most SUAs and SRPs to district rangers, who may require additional forms of insurance or
higher minimum coverage, depending on the applicant.higher minimum coverage, depending on the applicant.
5753
FS does not have a service-wide policy regarding the use of liability
FS does not have a service-wide policy regarding the use of liability
waivers for commercial waivers for commercial
recreation operators. However, several FS regions have issued supplemental guidance preventing recreation operators. However, several FS regions have issued supplemental guidance preventing
permit holders from requiring customers to sign such a form.permit holders from requiring customers to sign such a form.
5854 For example, one FS region issued For example, one FS region issued
supplemental guidance supplemental guidance
specifical yspecifically for guides and outfitters that reads, “The permit holder for guides and outfitters that reads, “The permit holder
wil will not request or require persons served to sign a liability waiver for activities authorized by this not request or require persons served to sign a liability waiver for activities authorized by this
permit.”permit.”
5955 This guidance This guidance
al owsallows permit holders to require visitor acknowledgement-of-risk (VAR) permit holders to require visitor acknowledgement-of-risk (VAR)
50 For a table of land-use fees by service days, refer to FSH 2709.11_37.21b. T his flat fee structure places limits on maximum gross revenue for each bracket of service days. Should gross revenue exceed these amount s, the 3% fee model would be applied.
51 FSH 2709.11 Region 10 (Alaska) Supplement. 52 36 C.F.R. §251.58. 53 36 C.F.R. §251.58(g). Additional guidance on cost recovery can be found at FSH 2709.11_31.31. 54 Forest Service Manual (FSM), 2713.1. 55 FSM 2713.1(2)(d). 56 FSM 2713.1, Exhibit 01. 57 36 C.F.R. §251.53. FSM forms, so long as the issuing forest officer submits and approves those forms.56 Some regions have prohibited liability waivers in most cases but allowed them for “high-risk recreation events,” so long as the waivers “do not attempt to require participants to waive their rights to sue for any cause beyond ordinary negligence.”57
Bureau of Land Management BLM manages public lands for varied purposes relating to the preservation, use, and development of the lands and natural resources, in accordance with the Federal Land Policy and Management Act of 1976.58 These purposes include livestock grazing, timber harvesting, fish and wildlife conservation, cultural resources protection, energy and mineral development, and recreational use. According to BLM, in FY2022, an estimated 73 million visitors recreated on BLM lands.59 As of 2021, BLM manages more than 3,400 developed recreation sites and areas and administers more than 4,700 permits for commercial, competitive, and organized group activities.60 Of these 50 Forest Service Manual (FSM), 2713.1. 51 FSM 2713.1(2)(d). 52 FSM 2713.1, Exhibit 01. 53 36 C.F.R. §251.53. FSM 2713.1(2)(d) clarifies that regional foresters may increase the minimum coverage amount 2713.1(2)(d) clarifies that regional foresters may increase the minimum coverage amount
“on the basis of the amount of use, likelihood and“on the basis of the amount of use, likelihood and
severity of injury, protection of forest visitors, potential liability of severity of injury, protection of forest visitors, potential liability of
the United States, andthe United States, and
cost of the insurance.” cost of the insurance.”
58
54 Regional foresters, forest supervisors, and other authorized officials may, at times, supplement service-wide Regional foresters, forest supervisors, and other authorized officials may, at times, supplement service-wide
direction direction
with additional guidance.with additional guidance.
Under FSUnder FS
policy, supplements may bepolicy, supplements may be
more restrictive than parent material but cannot more restrictive than parent material but cannot
expand the authorities or relax restrictions unless approved in writing by the next higher expand the authorities or relax restrictions unless approved in writing by the next higher
offici al.
59 FSH official.
55 FSH 2709.11_53, Region 3 Supplement, p. 2709.11_53, Region 3 Supplement, p.
2324, at https://www.fs.fed.us/, at https://www.fs.fed.us/
cgi-bin/Directives/get_dirs/fsh?2709.11. T he NFS is im/directives/field/r3/fsh/2709.11/2709.11_53.doc. The NFS is organized into administrative regions. FS Regionorganized into administrative regions. FS Region
3, the Southwestern Region, includes3, the Southwestern Region, includes
Arizona, NewArizona, New
Mexico, Mexico,
and parts of Oklahoma and and parts of Oklahoma and
T exas.
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forms, so long as the issuing forest officer submits and approves those forms.60 Some regions have prohibited liability waivers in most cases but al owed them for “high-risk recreation events,” so long as the waivers “do not attempt to require participants to waive their rights to sue for any
cause beyond ordinary negligence.”61
Bureau of Land Management
BLM manages public lands for varied purposes relating to the preservation, use, and development of the lands and natural resources, in accordance with the Federal Land Policy and Management
Act of 1976.62 These purposes include livestock grazing, timber harvesting, fish and wildlife conservation, cultural resources protection, energy and mineral development, and recreational use. According to BLM, in FY2019, 70.7 mil ion visitors recreated on BLM lands.63 Currently, BLM manages more than 3,600 developed recreation sites and areas and administers more than 4,700 permits for commercial, competitive, and organized group activities. Of these 4,700 permits, BLM issued roughly 4,000 specifical yTexas.
56 If the visitor acknowledgment-of-risk form deviates from the standard preapproved language, the U.S. Department of Agriculture Office of the General Counsel must review the language prior to use.
57 FSH 2709.11_10, Region 6 Supplement, p. 8, at https://www.fs.fed.us/im/directives/field/r6pnw/fsh/2709.11/2709-11-10.doc.
58 FLPMA (43 U.S.C. §§1701 et seq.). 59 BLM, FY2022 Budget Justification, p. I-3. 60 BLM, FY2022 Budget Justification, p. V-65.
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4,700 permits, BLM has issued roughly 4,200 specifically for commercial use, the majority of which for commercial use, the majority of which
were
are for guide and outfitting purposes.for guide and outfitting purposes.
6461
Authorities and Mechanisms
BLM
BLM
typical y typically authorizes the use of agency lands by commercial guides and outfitters through authorizes the use of agency lands by commercial guides and outfitters through
the use of SRPs under the authority provided in FLREA. Other BLMthe use of SRPs under the authority provided in FLREA. Other BLM
land uses are permitted land uses are permitted
under other authorities and processes.under other authorities and processes.
65 62
There are five different types of SRPs: commercial, competitive, group event, special areas, and
There are five different types of SRPs: commercial, competitive, group event, special areas, and
vending uses. Activities by guides and outfitters vending uses. Activities by guides and outfitters
typical ytypically are permitted as are permitted as
commercial SRPs..
66
63 BLM promulgated regulations regarding the administration of SRPs in 2002 and amended these BLM promulgated regulations regarding the administration of SRPs in 2002 and amended these
regulations in 2007.regulations in 2007.
6764 BLM also has established agency-wide policies and guidance BLM also has established agency-wide policies and guidance
specifical y
specifically for the issuance of SRPs to commercial guides and outfitters.for the issuance of SRPs to commercial guides and outfitters.
68
60 If the visitor acknowledgment -of-risk form deviates from the standard preapproved language, the U.S. Department of Agriculture Office of the General Counsel must review the language prior to use.
61 FSH 2709.11_10, Region 6 Supplement, p. 8, at https://www.fs.fed.us/im/directives/field/r1/fsh/2709.11/r1-2709.11_10.doc.
62 FLPMA (43 U.S.C. §§1701 et seq.). 63 BLM, FY2021 Budget Justification, p. V-60. 64 Data provided to CRS by BLM Office of Legislative and Congressional Affairs, January 2020. According to BLM, these totals may include entities that would not be considered a commercial guide or outfitter; however, this reflects a small percentage of the overall total figure.
65 See, for instance, provisions of FLPMA at 43 U.S.C. §1732(b), which authorize BLM to regulate the use of land through leases, licenses, and “other instruments.” 66 In the past, BLM issued longer-term concession recreation agreements and concessions leases, citing authority under both FLREA (16 U.S.C. §§6801-6814) and FLPMA. However, a March 2015 report from the Department of the Interior’s (DOI’s) Office of the Inspector General (OIG) found BLM was incorrectly administering these agreements and did “not have a clear concession program authority” to issue such leases while retaining the associated permitting fees. DOI, OIG, Review of Bureau of Land Managem ent’s Concession Managem ent Practices, March 2015, p. 1, at https://www.doioig.gov/reports/review-bureau-land-managements-concession-management -practices.
67 See 43 C.F.R. §2932. 68 BLM, MS-2930, Recreation Permits and Fees, 2007; and BLM, H-2930-1, Recreation Permit and Fee
Adm inistration Handbook, 2014.
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Planning Process
According to BLM policy, SRPs are issued as a means to control visitor use, protect recreational and natural resources, and provide for visitors’ health and safety.69 Any SRP issued by BLM for commercial guide and outfitting use must be consistent with the resource management plan
(RMP) for that unit.70 BLM manuals and handbooks provide additional guidance on planning for
recreation resources and activities as part of the RMP process.71
Through the RMP process, BLM may establish al ocation systems or desired use levels for commercial recreational activities for a given site or area. Various factors might influence
whether BLM approves an SRP application, including whether a proposed activity complies with existing land-use plans or designations, the results of an environmental analysis, and/or an applicant’s past performance.72 General y, BLM issues SRPs on a first-come, first-served basis until the desired use level is reached. However, if an authorized official determines there is sufficient interest for a limited number of available permits, BLM may issue commercial SRPs on
a competitive basis. When an area’s desired use level is reached, no additional permits are issued. New permits may be made available only when additional capacity is determined; an existing permit is revoked, terminated, or otherwise not reissued to the permit holder; or new areas for use
become available.7365
Planning Process
According to BLM policy, SRPs are issued as a means to control visitor use, protect recreational and natural resources, and provide for visitors’ health and safety.66 Any SRP issued by BLM for commercial guide and outfitting use must be consistent with the resource management plan (RMP) for that unit.67 BLM manuals and handbooks provide additional guidance on planning for recreation resources and activities as part of the RMP process.68
Through the RMP process, BLM may establish allocation systems or desired use levels for commercial recreational activities for a given site or area. Various factors might influence whether BLM approves an SRP application, including whether a proposed activity complies with existing land-use plans or designations, the results of an environmental analysis, and/or an applicant’s past performance.69 Generally, BLM issues SRPs on a first-come, first-served basis until the desired use level is reached. However, if an authorized official determines there is sufficient interest for a limited number of available permits, BLM may issue commercial SRPs on a competitive basis. When an area’s desired use level is reached, no additional permits are issued.
61 Data provided to CRS by BLM Office of Legislative and Congressional Affairs, April 2022. According to BLM, these totals may include entities that would not be considered a commercial guide or outfitter; however, this reflects a small percentage of the overall total figure.
62 See, for instance, provisions of FLPMA at 43 U.S.C. §1732(b), which authorize BLM to regulate the use of land through leases, licenses, and “other instruments.” 63 In the past, BLM issued longer-term concession recreation agreements and concessions leases, citing authority under both FLREA (16 U.S.C. §§6801-6814) and FLPMA. However, a March 2015 report from the Department of the Interior’s (DOI’s) Office of the Inspector General (OIG) found BLM was incorrectly administering these agreements and did “not have a clear concession program authority” to issue such leases while retaining the associated permitting fees. DOI, OIG, Review of Bureau of Land Management’s Concession Management Practices, March 2015, p. 1, at https://www.doioig.gov/reports/evaluation/review-bureau-land-managements-concession-management-practices.
64 See 43 C.F.R. §2932. 65 BLM, MS-2930, Recreation Permits and Fees, 2007; and BLM, H-2930-1, Recreation Permit and Fee Administration Handbook, 2014.
66 BLM, H-2930-1, p. vii. 67 Resource management plans are land use plans developed through public engagement establishing goals and objectives to guide future land and resource management actions implemented by BLM.
68 BLM, MS-8320, Planning for Recreation and Visitor Services (Public), 2011; and BLM, H-8320-1, Recreation and Visitor Services Planning Handbook, 2014.
69 To see a full list of factors considered in the issuance of SRPs, see BLM, H-2930-1, p. 1-9.
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New permits may be made available only when additional capacity is determined; an existing permit is revoked, terminated, or otherwise not reissued to the permit holder; or new areas for use become available.70
Permit Terms
Permits may be issued for periods of up to 10 years, depending on such things as the type of
Permits may be issued for periods of up to 10 years, depending on such things as the type of
outfitting activity proposed, the area in which the activity is to occur, existing and future resource outfitting activity proposed, the area in which the activity is to occur, existing and future resource
conditions, and the potential permittee’s past record.conditions, and the potential permittee’s past record.
7471 BLM may issue one or more one-year BLM may issue one or more one-year
permits prior to issuing a longer-term permit. These one-year permits often serve as an evaluation permits prior to issuing a longer-term permit. These one-year permits often serve as an evaluation
period period
whereinwhereby successful performance by the permit holder determines if the permit successful performance by the permit holder determines if the permit
wil will be be
authorized for additional years.authorized for additional years.
7572 BLM reserves the right to revoke or alter the terms and BLM reserves the right to revoke or alter the terms and
conditions of the permit.conditions of the permit.
7673 Expiring commercial SRPs may be renewed at BLM’s discretion, and Expiring commercial SRPs may be renewed at BLM’s discretion, and
BLM may offer preference to current permit holders seeking renewal when capacity is limited.BLM may offer preference to current permit holders seeking renewal when capacity is limited.
7774
Permitting Fees
As is the case with FS, commercial guides and outfitters operating under a BLM-issued SRP must
As is the case with FS, commercial guides and outfitters operating under a BLM-issued SRP must
pay an annual land-use rental fee. The use fee for commercial SRPs is approximately 3% of the pay an annual land-use rental fee. The use fee for commercial SRPs is approximately 3% of the
permit holder’s adjusted gross revenue or a minimum yearly fee of $permit holder’s adjusted gross revenue or a minimum yearly fee of $
110115, whichever is greater. BLM published the most recent adjustments to the minimum fee schedule in August 2020 and transmitted them in a subsequent BLM instruction memorandum.75, whichever is greater.
69 BLM, H-2930-1, p. vii. 70 Resource management plans are land use plans that are developed through public engagement and establish goals and objectives to guide future land and resource management actions implemented by BLM.
71 BLM, MS-8320, Planning for Recreation and Visitor Services (Public), 2011; and BLM, H-8320-1, Recreation and
Visitor Services Planning Handbook, 2014. 72 T o see a full list of factors considered in the issuance of special recreation permits (SRPs), see BLM, H-2930-1, p. 1-9.
73 BLM, H-2930-1, p. 1-10. 74 43 C.F.R §2932.42; BLM, H-2930-1, pp. 1-16 to 1-17. BLM promulgated regulations in 2004 that changed the maximum term of an SRP from 5 years to 10 years (69 F.R. 5706). 75 BLM, H-2930-1, pp. 1-16 to 1-17. 76 See 43 C.F.R §2933.32 for when BLM may suspend or revoke an existing SRP. 77 BLM, H-2930-1, p. 1-18.
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BLM published the most recent adjustments to the minimum fee schedule in November 2017 and transmitted them in a subsequent BLM instruction memorandum.78 Like FS, BLM provides for Like FS, BLM provides for
adjustments in calculating the 3% gross revenue fee; such adjustments include deductions for adjustments in calculating the 3% gross revenue fee; such adjustments include deductions for
specific revenue generated from operations on nonfederal lands and other travel and lodging specific revenue generated from operations on nonfederal lands and other travel and lodging
costs. costs.
BLM also may charge a fee for cost recovery if more than 50 hours of staff time are required to
BLM also may charge a fee for cost recovery if more than 50 hours of staff time are required to
process and administer a commercial SRP.process and administer a commercial SRP.
7976 Similar to commercial permits issued by FS, BLM Similar to commercial permits issued by FS, BLM
may require additionalmay require additional
fees (such as assigned site fees, exclusive use fees, or special area fees) fees (such as assigned site fees, exclusive use fees, or special area fees)
based on the type of activity, area of use, or management objectives. based on the type of activity, area of use, or management objectives.
Insurance and Liability
BLM regulations require commercial SRP applicants to obtain liability
BLM regulations require commercial SRP applicants to obtain liability
insurance that the agency insurance that the agency
“judges sufficient to protect the public and the United States.”“judges sufficient to protect the public and the United States.”
8077 The regulations do not establish The regulations do not establish
insurance minimums or risk classifications for guide and outfitter activities. BLM issued insurance minimums or risk classifications for guide and outfitter activities. BLM issued
guidance in 2014 that set minimum requirements starting at $600,000 aggregate coverage for low-risk events or activities (i.e., group camping, orienteering, backpacking).81 Moderate and high-risk activities have annual aggregate minimums of $1 mil ion and $2 mil ion or greater, respectively.82 Under these guidelines, BLM also requires permittees to obtain insurance that covers a minimum of $30,000 in property damage; however, this coverage may be included in an annual aggregate or per occurrence policy.83 BLM guidance notes that additional coverage may
be required, depending on special circumstances.
BLM does not have a formal policy regarding liability waivers for guides and outfitters operating
under commercial SRPs (or other SRPs issued by the agency). According to BLM, some permittees require their customers to sign a liability form, others use VAR forms, and some do not
require any acknowledgment-of-risk forms or liability waivers.84
78 BLM, 82 Federal Register 55112, November 20, 2017, at https://www.govinfo.gov/content/pkg/FR-2017-11-20/pdf/2017-25101.pdf. See also BLM, “
70 BLM, H-2930-1, p. 1-10. 71 43 C.F.R. §2932.42; BLM, H-2930-1, pp. 1-16 to 1-17. BLM promulgated regulations in 2004 that changed the maximum term of an SRP from 5 years to 10 years (69 Federal Register 5702, February 6, 2004).
72 BLM, H-2930-1, pp. 1-16 to 1-17. 73 See 43 C.F.R. §2933.32 for when BLM may suspend or revoke an existing SRP. 74 BLM, H-2930-1, p. 1-18. 75 BLM, 85 Federal Register 47400, August 5, 2020, at https://www.govinfo.gov/content/pkg/FR-2020-08-05/pdf/2020-17052.pdf. See also BLM, “Automatic Adjustment of Minimum Special Recreation Permit Fees and Assigned Automatic Adjustment of Minimum Special Recreation Permit Fees and Assigned
Site Fees,”Site Fees,”
Instruction Memorandum Instruction Memorandum
2018-011, at 2020-032, at https://www.blm.gov/policy/im-https://www.blm.gov/policy/im-
2018-011.
792020-032.
76 43 C.F.R. 43 C.F.R.
§2932.31(e). 2932.31(e).
T hisThis regulation limits cost regulation limits cost
-recovery charges to “-recovery charges to “
BLM’s costs of issuingBLM’s costs of issuing
the permit, including the permit, including
necessary environmental documentation, onnecessary environmental documentation, on
-site monitoring, and permit enforcement. Programmatic or general land -site monitoring, and permit enforcement. Programmatic or general land
useuse
plan NEPA documentation are not subject to costplan NEPA documentation are not subject to cost
-recovery charges, except if the documentation work done was -recovery charges, except if the documentation work done was
done for or provides special benefits or services to an identifiable individualdone for or provides special benefits or services to an identifiable individual
applicant.applicant.
” 80”
77 43 C.F.R. §2932.43.
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guidance in 2014 that set minimum requirements starting at $600,000 aggregate coverage for low-risk events or activities (e.g., group camping, orienteering, backpacking).78 Moderate- and high-risk activities have annual aggregate minimums of $1 million and $2 million or greater, respectively.79 Under these guidelines, BLM also requires permittees to obtain insurance that covers a minimum of $30,000 in property damage; however, this coverage may be included in an annual aggregate or per occurrence policy.80 BLM guidance notes that additional coverage may be required, depending on special circumstances.
BLM does not have a formal policy regarding liability waivers for guides and outfitters operating under commercial SRPs (or other SRPs issued by the agency). According to BLM, some permittees require their customers to sign a liability form, others use VAR forms, and some do not require any acknowledgment-of-risk forms or liability waivers.81 43 C.F.R. §2932.43. 81 BLM, H-2930-1, pp. I-50 to I-51, at https://www.blm.gov/sites/blm.gov/files/uploads/Media_Library_BLM_Policy_H_2930_1.pdf. T he handbook, on p. I-50, defines riskiness as follows: “ Authorized uses are considered low risk when injuries generally associated with authorized activities are unlikely to result in death or permanent disability. Authorized uses are considered high risk when injuries generally associated with authorized activities may result in death or permanent disability.” 82 BLM identifies moderate-risk activities to include whitewater boating, mountain bike races, rock climbing (with ropes), and commercial hunting. High-risk activities include bungee jumping, unaided rock climbing, heli-skiing, or aerial or aviation-assisted activities.
83 A certificate of insurance that shows damage per occurrence (including property damage, bodily injury, or death), and not annual aggregate coverage, need only carry a minimum coverage of $300,000 .
84 Personal communication between CRS and BLM Office of Legislative Affairs, May 31, 2019.
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National Park Service
NPS administers the National Park System for both recreational use and preservation of park NPS administers the National Park System for both recreational use and preservation of park
resources, a mission that can be contradictory. The NPS Organic Act of 1916 directs the service to resources, a mission that can be contradictory. The NPS Organic Act of 1916 directs the service to
manage its lands so as “to conserve the scenery and the natural and historic objects and the wild manage its lands so as “to conserve the scenery and the natural and historic objects and the wild
life therein and to provide for the enjoyment of the same in such manner and by such means as life therein and to provide for the enjoyment of the same in such manner and by such means as
wil will leave them unimpaired for the enjoyment of future generations.”leave them unimpaired for the enjoyment of future generations.”
82 In 2021 In calendar year 2018 (the (the
most recent year of data), NPS reported most recent year of data), NPS reported
318 mil ionmore than 297 million visitors to national parklands. visitors to national parklands.
8583 NPS NPS
manages almost 500 concession contracts and manages almost 500 concession contracts and
over 6,0006,500 commercial use authorizations (CUAs) commercial use authorizations (CUAs)
with private sector operators to provide commercial visitor services.with private sector operators to provide commercial visitor services.
84 Of these, roughly 300 Of these, roughly 300
concessions contracts and 4,concessions contracts and 4,
500200 CUAs were CUAs were
specifical yspecifically for commercial guide and outfitter for commercial guide and outfitter
purposes in purposes in
FY2018.86FY2021.85
Authorities and Mechanisms
Like the other federal land management agencies, NPS has authority to issue special recreation
Like the other federal land management agencies, NPS has authority to issue special recreation
permits under FLREA. However, NPS permits under FLREA. However, NPS
typical y usetypically uses different authorities to permit guides and different authorities to permit guides and
outfitters. NPS handles most permits for guides and outfitters as either concessions contractsoutfitters. NPS handles most permits for guides and outfitters as either concessions contracts
or or
CUAs under the National Park Service Concessions Management Improvement Act of 1998, CUAs under the National Park Service Concessions Management Improvement Act of 1998,
which predates the authority provided by FLREA.which predates the authority provided by FLREA.
8786 Concessions contracts are long-term are long-term
agreements that are used to authorize lodges, restaurants, services, or other visitor services agreements that are used to authorize lodges, restaurants, services, or other visitor services
78 BLM, H-2930-1, pp. I-50 to I-51. The handbook, on p. I-50, defines riskiness as follows: “Authorized uses are considered low risk when injuries generally associated with authorized activities are unlikely to result in death or permanent disability. Authorized uses are considered high risk when injuries generally associated with authorized activities may result in death or permanent disability.” 79 BLM identifies moderate-risk activities to include whitewater boating, mountain bike races, rock climbing (with ropes), and commercial hunting. High-risk activities include bungee jumping, unaided rock climbing, heli-skiing, or aerial or aviation-assisted activities.
80 A certificate of insurance that shows damage per occurrence (including property damage, bodily injury, or death), and not annual aggregate coverage, need only carry a minimum coverage of $300,000.
81 Personal communication between CRS and BLM Office of Legislative Affairs, May 31, 2019. 82 Aug. 25, 1916, ch. 408, §1, 39 Stat. 535. Codified at 54 U.S.C. §100101. 83 NPS, FY2023 Budget Justification, p. Overview-2. 84 NPS, FY2023 Budget Justification, p. ONPS-57. 85 Personal communication between CRS and NPS Office of Legislative Affairs, April 28, 2022. 86 P.L. 105-391; 54 U.S.C. Chapter 1019.
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(including guide and outfitter services), typically
(including guide and outfitter services), typical y operated by private companies using NPS- operated by private companies using NPS-
owned facilities and resources on park lands. By contrast, owned facilities and resources on park lands. By contrast,
CUAs commercial use authorizations (CUAs) are short-term agreements are short-term agreements
between NPS and commercial service providers for activities that between NPS and commercial service providers for activities that
typical ytypically begin and end outside begin and end outside
of park boundaries. The majority of guide and outfitter operators are authorized under CUAs; of park boundaries. The majority of guide and outfitter operators are authorized under CUAs;
depending on the services offered and the operators’ usage of park resources, a concessions depending on the services offered and the operators’ usage of park resources, a concessions
contract may be more appropriate. contract may be more appropriate.
Several factors govern whether a CUA may be used for
Several factors govern whether a CUA may be used for
services such ascommercial guiding and outfitting or guiding and outfitting or
whether the more extensive requirements of a concessions contract must be used. whether the more extensive requirements of a concessions contract must be used.
CUA use is
CUAs are limited to limited to
(1) commercial operations with annual gross receipts of not more than $25,000 resulting commercial operations with annual gross receipts of not more than $25,000 resulting
from services originating and provided solely within a park unit; from services originating and provided solely within a park unit;
(2) the incidental use of park the incidental use of park
resources by operators that provide services originating and terminating outside of park resources by operators that provide services originating and terminating outside of park
boundaries; boundaries;
(3) use by organized children’s camps, outdoor clubs, and nonprofit institutions use by organized children’s camps, outdoor clubs, and nonprofit institutions
(including backcountry use); and (including backcountry use); and
(4) such other uses as the DOI Secretary deems appropriate.such other uses as the DOI Secretary deems appropriate.
8887 In In
addition, certain guiding and outfitting activities conducted by nonprofit entities for addition, certain guiding and outfitting activities conducted by nonprofit entities for
noncommercial purposes may be authorized under special use permits (SUPs) issued by NPS.89
85 NPS, FY2021 Budget Justification, p. Overview-2. 86 NPS, FY2021 Budget Justification, p. ONPS-44. NPS has indicated that the number of commercial use authorizations (CUAs) will increase by 3,000-4,000 permits once a policy requiring CUAs for road-based commercial tours is finalized. NPS initially planned to implement this standardized policy starting October 1, 2019, but implementation has been delayed. 87 P.L. 105-391; 54 U.S.C. Chapter 1019. 88 54 U.S.C. §101925(c). 89 Under the 1998 concessions law (54 U.S.C. §101925(d)), nonprofit institutions are required to obtain CUAs—not special use permits (SUPs)—only when they generate taxable income from the authorized use.
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noncommercial purposes may be authorized under special use permits (SUPs) issued by NPS.88
NPS issued final regulations governing concessions contracts in 2000.
NPS issued final regulations governing concessions contracts in 2000.
9089 NPS issued proposed NPS issued proposed
regulations for CUAs in 2002 but regulations for CUAs in 2002 but
has notnever finalized these regulations. finalized these regulations.
9190 Currently, NPS relies on Currently, NPS relies on
interim guidance agency guidance updated in December 2021, in administering CUAs. Agency manuals and orders provide further policy in administering CUAs. Agency manuals and orders provide further policy
guidance for both concessions contracts and CUAs.guidance for both concessions contracts and CUAs.
9291 The DOI Secretary delegates the authority The DOI Secretary delegates the authority
to issue and rescind permits to park superintendents and authorized officials at the unit level. to issue and rescind permits to park superintendents and authorized officials at the unit level.
Planning Process
Similar to permits from FS and BLM, any permit issued by an NPS official for commercial
Similar to permits from FS and BLM, any permit issued by an NPS official for commercial
guiding and outfitting use must be consistent with the management plan for that park unit. Under guiding and outfitting use must be consistent with the management plan for that park unit. Under
both a CUAboth a CUA
and a concessions contract, the activity must have a minimal impact on park and a concessions contract, the activity must have a minimal impact on park
resources and values, and it must be consistent with the purposes for which the unit was resources and values, and it must be consistent with the purposes for which the unit was
established.established.
92 Both CUAs and concessions contracts must be determined to be Both CUAs and concessions contracts must be determined to be
appropriate uses of uses of
the park, and concessions must be both the park, and concessions must be both
necessary and and
appropriate..
93
Increased recreation on NPS lands has fueled disagreements over the extent to which national
Increased recreation on NPS lands has fueled disagreements over the extent to which national
park lands should be used for recreational activities under NPS’s dual mission of resource park lands should be used for recreational activities under NPS’s dual mission of resource
protection and recreational use. In situations where authorized officials determine protection and recreational use. In situations where authorized officials determine
that continued continued
commercial use poses potential impairments to the visitor experience and to park resources and commercial use poses potential impairments to the visitor experience and to park resources and
values, NPS may limitvalues, NPS may limit
commercial activities. For CUAs, NPS may establish operational
87 54 U.S.C. §101925(c). 88 Under the 1998 concessions law (54 U.S.C. §101925(d)), nonprofit institutions are required to obtain CUAs—not special use permits (SUPs)—only when they generate taxable income from the authorized use.
89 36 C.F.R. Part 51. 90 NPS, “Commercial Use Authorizations,” 67 Federal Register 70899, November 27, 2002. 91 For NPS guidance on concessions contracts and CUAs, see NPS, Commercial Services Guide, 2018 (updated in 2021). See also, NPS, Chapter 10, “Commercial Visitor Services,” in Management Policies 2006; NPS, “Director’s Order #53: Special Park Uses,” 2010; NPS, “Reference Manual #53,” 2009; and NPS, Section 8.6, “Special Park Uses,” in Management Policies 2006. 92 54 U.S.C. §101912. 93 See 54 U.S.C. §101912 and 54 U.S.C. §101925.
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commercial activities. For CUAs, NPS may establish operational requirements that limit use and impacts.requirements that limit use and impacts.
94 Alternatively, NPS may choose to limit the number of Alternatively, NPS may choose to limit the number of
issued CUAs. If NPS opts to limit the number of issued CUAs, a competitive proposal and issued CUAs. If NPS opts to limit the number of issued CUAs, a competitive proposal and
selection process is selection process is
to be required andrequired and must be repeated at least every two years. repeated at least every two years.
95 The decision to limit the The decision to limit the
number of CUAs must accord with park enabling legislation, NPS management policies, and number of CUAs must accord with park enabling legislation, NPS management policies, and
existing planning documents.existing planning documents.
96 In addition, the decision must be reviewed through appropriate In addition, the decision must be reviewed through appropriate
compliance processes.compliance processes.
93
Permit Terms
For guiding and outfitting activities authorized under a concessions contract, NPS regulations set
For guiding and outfitting activities authorized under a concessions contract, NPS regulations set
out the process and timeline for awarding the contracts.out the process and timeline for awarding the contracts.
9497 A concessions contract A concessions contract
general ygenerally must must
go through a public solicitation process, but under the 1998 concessions law, concessions go through a public solicitation process, but under the 1998 concessions law, concessions
contracts for guides and outfitters may qualify for a preferential right of renewal at the end of a contracts for guides and outfitters may qualify for a preferential right of renewal at the end of a
contract’s term.contract’s term.
9598 Concessions contracts Concessions contracts
typical ytypically are awarded for a term of 10 years or less. are awarded for a term of 10 years or less.
For guiding and outfitting activities authorized under a CUA, NPS
For guiding and outfitting activities authorized under a CUA, NPS
has issued interim guidance (in the absence of finalized regulations) that establishes management policies establish the process and guidelines for issuing the process and guidelines for issuing
CUAs.CUAs.
99 CUAs do not need to go through a public solicitation process but may be issued by NPS CUAs do not need to go through a public solicitation process but may be issued by NPS
upon request (at NPS’s discretion and with reference to the factors discussed above). NPS issues upon request (at NPS’s discretion and with reference to the factors discussed above). NPS issues
CUAs for a term of no more than two years, CUAs for a term of no more than two years,
and provides no preferential right of renewal. and provides no preferential right of renewal.
90 36 C.F.R. §51. 91 NPS, “Commercial Use Authorizations,” 67 Federal Register 70899, November 27, 2002. 92 For NPS guidance on concessions contracts and CUAs, see NPS, Chapter 10, “Commercial Visitor Services,” in Managem ent Policies 2006. See also, NPS, “ Director’s Order #53: Special Park Uses,” 2010; NPS, “ Reference Manual #53,” 2009. NPS, Section 8.6, “ Special Park Uses,” in Managem ent Policies 2006. 93 NPS, “Limiting CUAs,” in Commercial Use Authorizations (CUA), June 7, 2017, at https://www.nps.gov/subjects/concessions/upload/Limiting-CUAs-Guidance.pdf.
94 36 C.F.R. §51. 95 54 U.S.C. §101913(7)-(8).
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Permitting Fees
For guiding and outfitting activities authorized under a concessions contract, NPS establishes a
For guiding and outfitting activities authorized under a concessions contract, NPS establishes a
concessions franchise fee as part of the contract. The 1998 concessions law and NPS regulations concessions franchise fee as part of the contract. The 1998 concessions law and NPS regulations
govern the establishment of the franchise fees.govern the establishment of the franchise fees.
96100 Under the law, 80% of the fees are retained at Under the law, 80% of the fees are retained at
the parkthe park, where they are collected and may be used for visitor services and high-priority resource where they are collected and may be used for visitor services and high-priority resource
management activities. The remaining 20% of the fees are deposited in a special account to management activities. The remaining 20% of the fees are deposited in a special account to
support activities throughout the park system.support activities throughout the park system.
97101
For guiding and outfitting activities authorized under a CUA, the 1998 concessions law and
For guiding and outfitting activities authorized under a CUA, the 1998 concessions law and
agency guidelines require the superintendent to charge a “reasonable fee” for the CUA.agency guidelines require the superintendent to charge a “reasonable fee” for the CUA.
98102 The fees The fees
remain availableremain available
for expenditure by the superintendent to recover, at a minimum, associated
94 NPS, Commercial Services Guide, §11.10, 2018. 95 NPS, Commercial Services Guide, §11.10.3, 2018. 96 NPS, Commercial Services Guide, §11.10.2, 2018. 97 36 C.F.R. Part 51. 98 54 U.S.C. §101913(7)-(8). 99 NPS, Chapter 10.3, “Commercial Use Authorizations,” in Management Policies 2006. 100 54 U.S.C. §101917. Regulations can be found at 36 C.F.R. Part 51, Subpart I. Under NPS regulations, the director determines franchise fees upon consideration of “the probable value to the concessioner of the privileges granted by the contract involved. This probable value will be based upon a reasonable opportunity for net profit in relation to capital invested and the obligations of the contract” (36 C.F.R. §51.78(a)).
101 54 U.S.C. §101917(c). Although the 80-20 retention formula for franchise fees under the NPS concessions law is similar to the retention requirements under FLREA, the provisions of FLREA differ in a number of ways. For example, under FLREA, the Secretaries (of DOI and USDA) can reduce the retention amount to not less than 60% for a fiscal year. In addition, FLREA includes more specific requirements and limitations on the usage of retained fees as compared to the NPS concessions law (see 16 U.S.C. §6807 for information on eligible FLREA expenditures).
102 54 U.S.C. §101925(b)(2). The law requires that the fee, at a minimum, “recover associated management and administrative costs.”
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management and administrative costs. Under agency guidelines, a reasonable fee is defined as either the fee to recover the full cost of providing the benefit or the market price.103 Parks may choose one of these two methods to establish a reasonable fee, so long as the market price fee complies with the statutory requirement of covering, at a minimum, the management and administrative costs of issuing the CUA.104 NPS also charges a mandatory, one-time, application fee that covers the administrative costs associated with reviewing and approving or denying applications for CUAs.105
Insurance and Liability
For concessions contracts, NPS develops insurance requirements on a contract-by-contract basis. NPS works with a contracted insurance consultant who “uses detailed information on the specific activity, as well as current industry data and practices, to identify appropriate levels of insurance based on the risk associated with the particular concession operation.”106 NPS policy establishes commercial liability insurance minimums for certain Category III concessions contracts based on high-, medium-, and low-risk activities.107for expenditure by the superintendent to recover, at a minimum, associated management and administrative costs. Under the interim guidelines, NPS uses fee establishment guidance for an earlier type of permit (incidental business permits, now replaced by CUAs) to set the fees. Under this guidance, a reasonable fee is defined as either the fee to recover the full cost
of providing the benefit or the market price.99 Parks may choose one of these two methods to establish a reasonable fee, so long as the market price fee complies w ith the statutory requirement of covering, at a minimum, the management and administrative costs of issuing the CUA. Park visitors who are transported into the park by a CUA holder must also pay the same entrance and
other fees as other park area visitors, unless otherwise stated in the CUA.
Insurance and Liability
For concessions contracts, NPS develops insurance requirements on a contract-by-contract basis. NPS works with a contracted insurance consultant who “uses detailed information on the specific activity, as wel as current industry data and practices, to identify appropriate levels of insurance based on the risk associated with the particular concession operation.”100 The 2018 NPS
Commercial Services Guide establishes commercial liability insurance minimums for certain
Category III concessions contracts based on high-, medium-, and low-risk activities.101 (NPS considers Category III contracts as those entered into by smal -scale concessioners with no contractual agreement to construct capital improvements on park lands or to conduct primary
96 54 U.S.C. §101917. Regulations can be found at 36 C.F.R. §51, Subpart I. Under NPS regulations, the director determines franchise fees upon consideration of “ the probable value to the concessioner of the privileges granted by the contract involved. T his probable value will be based upon a reasonable opportunity for net profit i n relation to capital invested and the obligations of the contract ” (36 C.F.R. §51.78(a)).
97 54 U.S.C. §101917(c). Although the 80:20 retention formula for franchise fees under the NPS concessions law is similar to the retention requirements under FLREA, the provisions of FLREA differ in a number of ways. For example, under FLREA, the Secretaries (of DOI and USDA) can reduce the retention amount to not less than 60% for a fiscal year. In addition, FLREA includes more specific requirements and limitations o n the usage of retained fees as compared to the NPS concessions law (see 16 U.S.C. §6807 for information on eligible FLREA expenditures).
98 54 U.S.C. §101925(b)(2). T he law requires that the fee, at a minimum, “ recover associated management and administrat ive costs.”
99 NPS, “Commercial Use Authorizations: Interim Guidance,” November 12, 2016, p. 6, at https://www.nps.gov/subjects/cua/upload/Directive-for-Charging-Fees-for-CUAs-11-12-15.pdf. 100 Statement of Peggy O’Dell, Deputy Director, NPS, in U.S. Congress, House Committee on Natural Resources, Subcommittee on National Parks, Forests and Public Lands, Concession Contract Issues for Outfitters, Guid es and
Sm aller Concessions, 112th Cong., 2nd sess., August 2, 2012 (Washington, DC: GPO, 2012), at https://www.doi.gov/ocl/hearings/112/Special-Use-Permits-08-02-12.
101 NPS, Commercial Services Guide, October 1, 2018, pp. 45-46, at https://www.nps.gov/subjects/concessions/upload/CS-Guide-Final-Ver-3-FINAL-Updated-04-09-19.pdf. Hereinafter referred to as 2018 NPS Commercial Services Guide.
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business operations on NPS-assigned land or in government buildings. Most guide and outfitter Most guide and outfitter
operators are authorized under operators are authorized under
Category III contracts, which NPS considers as those entered into by small-scale concessioners with no contractual agreement to construct capital improvements on parklands or to conduct primary business operations on NPS-assigned land or in government buildings.Category III contracts.) For example, under these guidelines, NPS For example, under these guidelines, NPS
regional directors must require a minimum of $1 regional directors must require a minimum of $1
mil ion million aggregate insurance coverage for low-aggregate insurance coverage for low-
risk activities (e.g., guided backpacking and hunting) for certain Category III guide and outfitter risk activities (e.g., guided backpacking and hunting) for certain Category III guide and outfitter
operations.operations.
102108 Higher minimums apply for some activities classified as medium-risk (e.g., guided Higher minimums apply for some activities classified as medium-risk (e.g., guided
horse rides) and high-risk (e.g., guided mountaineering). horse rides) and high-risk (e.g., guided mountaineering).
NPS
NPS
does not have formal policies regarding insurance requirements forpolicy also requires guides and outfitters guides and outfitters
operating under CUAs. However, in 2017, NPS issued additional interim guidance regarding
minimum insurance requirements for CUA holders; this guidance general y followedoperating under CUAs to have commercial liability insurance.109 Minimum insurance requirements generally follow the policies the policies
in place for concessions contracts.in place for concessions contracts.
103110 As with concessions contracts, CUA insurance minimums As with concessions contracts, CUA insurance minimums
may be adjusted on a case-by-case basis depending on the activity and park unit in question. may be adjusted on a case-by-case basis depending on the activity and park unit in question.
NPS has a policy prohibiting concessioners from requiring customers to sign a liability
NPS has a policy prohibiting concessioners from requiring customers to sign a liability
waiver waiver
form. However, NPS policy authorizes concessioners to use VAR forms.form. However, NPS policy authorizes concessioners to use VAR forms.
104 NPS indicates that the same prohibition on the use of liability waivers by concessions contractors applies to CUA holders.105 However, NPS has not explicitly formalized a policy to prevent guides and outfitters
operating under CUA permits from requiring customers to sign liability waivers.
U.S. Fish and Wildlife Service
FWS administers land for a variety of purposes. The majority of FWS lands are within the
National Wildlife Refuge System (NWRS).106 On lands within the NWRS, recreation is general y authorized and regulated through the National Wildlife Refuge System Administration Act.107 The Refuge Recreation Act also authorizes recreation within the NWRS, in national fish hatcheries,
and in certain other conservation areas.108
Recreation on NWRS lands general y is al owed only111 In instances where a concessioner operates across multiple jurisdictions, NPS policy permits concessioners to combine
103 NPS, Commercial Services Guide, §11.6, 2018. 104 In scenarios in which the market price is higher than cost recovery, NPS may charge that higher amount, even if doing so would result in net revenue to the park.
105 NPS, Commercial Services Guide, §11.6.1, 2018. 106 Statement of Peggy O’Dell, Deputy Director, NPS, in U.S. Congress, House Committee on Natural Resources, Subcommittee on National Parks, Forests and Public Lands, Concession Contract Issues for Outfitters, Guides and Smaller Concessions, 112th Cong., 2nd sess., August 2, 2012 (Washington, DC: GPO, 2012), at https://www.doi.gov/ocl/hearings/112/Special-Use-Permits-08-02-12.
107 NPS, Commercial Services Guide, §4.3.8, 2018. 108 The guidelines clarify that discretion is afforded to individual park units to require minimum coverage that is higher than those outlined for Category III contracts. For a more detailed discussion of how NPS liability insurance minimums compare with those of the other FLMAs, see James Lynch, “Pushing the Limits: An Examination of Liability Insurance Limits for National Park Service Concessioners,” America Outdoors Association, December 28, 2011, at https://www.americaoutdoors.org/assets/1/27/12-28-11_AOA_Whitepaper_on_NPS_Liability_Insurance_Limits.pdf?5609.
109 NPS, Commercial Services Guide, §11.9, 2018. 110 NPS, Commercial Services Guide, §11.9.1, 2018. 111 NPS, Commercial Services Guide, §6.9.5, 2018.
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the VAR with another agency’s waiver of liability (if permitted) to streamline paperwork and increase operational flexibility.112 Similar policies regarding the prohibition on the use of liability waivers by concessions contractors apply to CUA holders.113
U.S. Fish and Wildlife Service FWS administers land for a variety of purposes. The majority of FWS lands are within the National Wildlife Refuge System (NWRS).114 On lands within the NWRS, recreation is generally authorized and regulated through the National Wildlife Refuge System Administration Act.115 The Refuge Recreation Act also authorizes recreation within the NWRS, in national fish hatcheries, and in certain other conservation areas.116
Recreation on NWRS lands generally is allowed when compatible with the mission and when compatible with the mission and
purpose for which the lands were set aside. For the NWRS, “the mission of the system is to purpose for which the lands were set aside. For the NWRS, “the mission of the system is to
administer a national network of lands and waters for the conservation, management, and where administer a national network of lands and waters for the conservation, management, and where
appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the
United States for the benefit of present and future generations of Americans.”United States for the benefit of present and future generations of Americans.”
117 When compatible, When compatible,
wildlife-dependent recreation is considered a priority use of the NWRS.wildlife-dependent recreation is considered a priority use of the NWRS.
109118 FWS does not FWS does not
uniformly report uniformly report
the number of commercial recreation permits it issues across the NWRS; generally, the agency has issued fewer permits for guide and outfitting operations than the other FLMAs.119
Authorities and Mechanisms
FWS uses a combination of SUPs and SRPs to permit guides and outfitters operating on lands within the NWRS. Most often, FWS issues commercial activity special use permits (CASUPs) for guiding and outfitting services. These permits are issued under several authorities.120 However, specific refuges are approved to collect entrance and special use fees (including recreation fees) under FLREA. At those refuges, refuge managers use the FLREA authority to issue SRPs for guiding and outfitting services.121
FWS treats SRPs as being essentially the same as CASUPs, and the application processes are similar. However, FWS treats the SRP permit fees differently than the CASUP permit fees (see
112 NPS, Commercial Services Guide, §6.9.5, 2018. 113 NPS, Commercial Services Guide, §11.9.4, 2018. 114 U.S. Fish and Wildlife Service (FWS), “Statistical Data Tables for Fish & Wildlife Service Lands (as of 9/30/2021),” at https://www.fws.gov/sites/default/files/documents/2021-annual-report-of-lands-with-data-tables_2.pdf.
115 National Wildlife Refuge System Administration Act (16 U.S.C. §§668dd-668ee). 116 Refuge Recreation Act (16 U.S.C. §§460k-460k-4). 117 16 U.S.C. §668dd(a)(2). 118 16 U.S.C. §668dd(a). 119 Personal communication between CRS and the FWS Office of Legislative and Congressional Affairs, April 2022. FWS indicated that it issued at least 2,600 commercial permits for the activities of hunting, fishing, wildlife viewing, tours, air transport, and other commercial recreation activities in the National Wildlife Refuge System from FY2014 to present. These may include guide and outfitter activities, but FWS does not have a way to identify the number of permits issued specifically for these purposes.
120 Commercial activity special use permits are issued under authority of the National Wildlife Refuge System Administration Act (16 U.S.C. §§668dd-668ee, as amended); the Refuge Recreation Act (16 U.S.C. §§460k-460k-4); and, in Alaska, ANILCA (16 U.S.C. §§3101 et seq.).
121 16 U.S.C. §6802(h). According to the 2015 FLREA triennial report to Congress, DOI reported that of the roughly 560 national wildlife refuges, approximately 140 charge fees under FLREA.
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“Permitting Fees,” below). FWS has promulgated regulations for the issuance of both types of permits.122 Among other things, the regulations give individual refuge managers the authority to issue and revoke permits.
Planning Process
When compatible with the NWRS’s mission and an individual the number of commercial recreation permits it issues across the NWRS; 102 T he guidelines clarify that discretion is afforded to individual park units to require minimum coverage that is higher than those outlined for Category III contracts. For a more detailed discussion of how NPS liability insurance minimums compare with those of the other FLMAs, see James Lynch, “ Pushing the Limits: An Examination of Liability Insurance Limits for National Park Service Concessioners,” America Outdoors Association, December 28, 2011, at https://www.americaoutdoors.org/assets/1/27/12-28-11_AOA_Whitepaper_on_NPS_Liability_Insurance_Limits.pdf?5609.
103 NPS, “Commercial Use Authorizations (CUA) Insurance Guidance and Limiting CUAs Guidance,” at https://www.nps.gov/subjects/cua/upload/CUA-Insurance-Guidance.pdf. 104 2018 NPS Commercial Services Guide, §6.9.5, pp. 95-96. 105 NPS, “Acknowledgment of Risk Policy,” last updated August 10, 2018, at https://www.nps.gov/subjects/concessions/arp.htm. Confirmation of this policy was provided via personal communication between CRS and NPS Office of Legislative and Congressional Affairs, June 20, 2019.
106 U.S. Fish and Wildlife Service (FWS), “ Statistical Data T ables for Fish & Wildlife Service Lands (as of 9/30/2019),” at https://www.fws.gov/refuges/land/PDF/2019_Annual_Report_Data_T ables(508-Compliant).pdf. 107 National Wildlife Refuge System Administration Act (16 U.S.C. §§668dd-668ee). 108 Refuge Recreation Act (16 U.S.C. §§460k-460k-4). 109 16 U.S.C. §668dd(a).
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however, general y, the agency has issued fewer permits for guide and outfitting operations than
the other FLMAs.110
Authorities and Mechanisms
FWS uses a combination of SUPs and SRPs to permit guides and outfitters operating on lands within the NWRS. Most often, FWS issues commercial activity special use permits (CASUPs) for
guiding and outfitting services. These permits are issued under several authorities.111 However, specific refuges are approved to collect entrance and special use fees (including recreation fees) under FLREA. At those refuges, refuge managers use the FLREA authority to issue SRPs for
guiding and outfitting services.112
FWS treats SRPs as being essential y the same as CASUPs, and the application processes are similar. However, FWS treats the SRP permit fees differently than the CASUP permit fees (see “Permitting Fees,” below). FWS has promulgated regulations for the issuance of both types of permits.113 Among other things, the regulations give individual refuge managers the authority to
issue and revoke permits.
Planning Process
When compatible with the NWRS’s mission and an individual unit’s purpose, unit’s purpose,
wildlife-dependent
recreation—defined as “hunting, fishing, wildlife observation and photography, or environmental —defined as “hunting, fishing, wildlife observation and photography, or environmental
education and interpretation”—is considered a legitimate, priority public use.education and interpretation”—is considered a legitimate, priority public use.
114123 FWS policy FWS policy
guides how a compatibility determination should be made for specific recreational uses on a guides how a compatibility determination should be made for specific recreational uses on a
refuge.refuge.
115124 Commercial use (including commercial recreational use) at or on a refuge may be Commercial use (including commercial recreational use) at or on a refuge may be
considered compatible if it directly supports a priority general public use, if it is considered compatible if it directly supports a priority general public use, if it is
specifical y
specifically authorized by statute, or if it is a “refuge management economic activity.”authorized by statute, or if it is a “refuge management economic activity.”
116 125
Permit Terms
General yGenerally, FWS issues permits for a specific period as determined by the type and location of the , FWS issues permits for a specific period as determined by the type and location of the
use or service provided. Refuge-specific special conditions also may be required for the issuance use or service provided. Refuge-specific special conditions also may be required for the issuance
of a permit. For refuges in Alaska, FWS may award permits competitively when the number of of a permit. For refuges in Alaska, FWS may award permits competitively when the number of
availableavailable
permits is limited. A prospectus with an invitation-to-bid system is the primary permits is limited. A prospectus with an invitation-to-bid system is the primary
110 Personal communication between CRS and the FWS Office of Legislative and Congressional Affairs, January 2020. FWS indicated that it issued at least 900 commercial permits for the activities of hunting, fishing, and/or trapping in the National Wildlife Refuge System from FY2014 to present . T hese may include guide and outfitter activities, but FWS does not have a way to identify the number of permits issued specifically for these purposes.
111 Commercial activity special use permits are issued under authority of the National Wildlife Refuge System Administration Act (16 U.S.C. §§668dd-668ee, as amended); the Refuge Recreation Act (16 U.S.C. §§460k-460k-4); and, in Alaska, the ANILCA (16 U.S.C. 3101 et seq.). 112 16 U.S.C. §6802(h). According to the 2015 triennial report to Congress, the DOI reported that of the roughly 560 national wildlife refuges, approximately 140 charge fees under FLREA.
113 50 C.F.R. Part 25, Subpart D. 114 16 U.S.C. §668dd(a)(3). 115 FWS, Manual 603, National Wildlife Refuge System Uses, Section 2.6(A), 2000, at https://www.fws.gov/policy/603fw2.html.
116 FWS competitive method used for selecting commercial visitor services. Both competitive and noncompetitive permits issued in Alaska are limited to up to five years.126
Permitting Fees
Except in Alaska, fees for guide and outfitting permits vary on a case-by-case basis, depending on factors such as the activity permitted and the workload of the permit processing. Unlike FS, BLM, and NPS, FWS does not have a specific policy for how to assess fees for commercial recreation permits. Instead, FWS relies on a broad policy that requires the agency to consider cost recovery and fair market value when providing goods, resources, or services to a non-FWS entity.127 In accordance with this policy, some refuges may charge only amounts sufficient to recover costs, whereas others may charge both recovery costs and additional fees when issuing permits for commercial recreation services. Permit fees in Alaska are based on client use days, and permits issued for commercial uses in Alaska are subject to a $100 administrative fee.128
122 50 C.F.R. Part 25, Subpart D. 123 16 U.S.C. §668dd(a)(3). 124 FWS, Manual 603, National Wildlife Refuge System Uses, Section 2.6(A), 2000, at https://www.fws.gov/policy/603fw2.html.
125 FWS Manual 603 Section 1.10(D)(8). 50 C.F.R. §25.12 defines a Manual 603 Section 1.10(D)(8). 50 C.F.R. §25.12 defines a
refuge management economic activity as “a refuge as “a refuge
management activity on a national wildlife refuge which resultsmanagement activity on a national wildlife refuge which results
in generation of a commodity which is or can be sold in generation of a commodity which is or can be sold
for income or revenue or traded for goods or services. Examples include:for income or revenue or traded for goods or services. Examples include:
Farming, grazing,Farming, grazing,
haying, timber harvesting,haying, timber harvesting,
and trapping.”
126 50 C.F.R. §36.41(e)(2) and §36.41(e)(10). 127 FWS Manual 264 Section 1. This broad policy is in accordance with the Office of Management and Budget (OMB) Circular No. A-25, which established federal policy for executive agencies regarding fees assessed for government services and for sale or use of government goods or resources (OMB, “Circular A-25 Revised, Transmittal Memorandum #1, User Charges,” July 8, 1993).
128 50 C.F.R. §36.41(f). See also FWS, “Revised Special Use Permit Feeds for Commercial Guiding, Outfitting, and Transporting Operations on National Wildlife Refuges in Alaska,” at https://doifws.prod.acquia-sites.com/guidance/guidance/sites/guidance/files/documents/revised%20special%20use%20permit%20fees%20for%20guiding%20AK.pdf.
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Insurance and Liability
FWS does not have formal general liability and trapping.”
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Guides and Outfitters on Federal Lands: Background and Permitting Processes
competitive method used for selecting commercial visitor services. Both competitive and
noncompetitive permits issued in Alaska are limited to up to five years.117
Permitting Fees
Except in Alaska, fees for guide and outfitting permits vary on a case-by-case basis, depending on factors such as the activity permitted and the workload of the permit processing. Unlike FS,
BLM, and NPS, FWS does not have a specific policy for how to assess fees for commercial recreation permits. Instead, FWS relies on a broad policy that requires the agency to consider cost recovery and fair market value when providing goods, resources, or services to a non-FWS entity.118 In accordance with this policy, some refuges may charge only amounts sufficient to recover costs, whereas others may charge both recovery costs and additional fees when issuing permits for commercial recreation services. Permit fees in Alaska are based on a standard fee
schedule, and permits issued for commercial uses in Alaska are subject to a $100 administrative
fee.119
Insurance and Liability
FWS does not have formal general liability requirements for commercial guide and outfitter requirements for commercial guide and outfitter
operators. However, individual refuges have, at times, identified minimum liabilityoperators. However, individual refuges have, at times, identified minimum liability
requirements requirements
for guides and outfitters for their station, based on the type of use and local conditions. For for guides and outfitters for their station, based on the type of use and local conditions. For
example, the example, the
OkefenokeeKodiak National Wildlife National Wildlife
Refuge requires all guides to furnish proof of liability Refuge requires all guides to furnish proof of liability
insurance, with a minimum of $300,000 general liability/occurrence insurance, with a minimum of $300,000 general liability/occurrence
for day-use guides and and
$500,000 general $500,000 general
liability/aggregate for certain commercial operations.129 liability/occurrence for overnight guides.120 Similar requirements have previously been established at the regional level for FWS lands within Region 7 (Alaska
Region).121 However, no Service-wide policy exists that defines either minimum policy limits for
commercial guides and outfitters or risk-level assessments for the activity in question.
FWS does not have a Service-wide policy regarding the use of liability
FWS does not have a Service-wide policy regarding the use of liability
waivers for commercial waivers for commercial
recreation operators. According to FWS, the Service neither recreation operators. According to FWS, the Service neither
general ygenerally requires nor requires nor
general y
generally prohibits the use of waiver forms or acknowledgement-of-risk forms.prohibits the use of waiver forms or acknowledgement-of-risk forms.
122130
Concluding Thoughts and Further Reading
The four major FLMAs issue permits to commercial guides and outfitters under multiple The four major FLMAs issue permits to commercial guides and outfitters under multiple
authorities. Depending on the authority, a permit holder may be subject to different terms, fees, authorities. Depending on the authority, a permit holder may be subject to different terms, fees,
and requirements to operate on federal lands. The processes established by the agencies to and requirements to operate on federal lands. The processes established by the agencies to
determine the amount and type of commercial use authorized under such a permit must accord determine the amount and type of commercial use authorized under such a permit must accord
with the multiple other existing statutes or authorities that guide federal land management. In
117 50 C.F.R. §36.41(e)(2) and §36.41(e)(10). 118 FWS Manual 264 Section 1. T his broad policy is in accordance with the Office of Management and Budget (OMB) Circular No. A-25, which established federal policy for executive agencies regarding fees assessed for government services and for sale or use of government goods or resources (OMB, “ Circular A-25 Revised, T ransmittal Memorandum #1, User Charges,” July 8, 1993). 119 50 C.F.R. §36.41(f). 120 FWS, Okefenokee National Wildlife Refuge, “Guidelines for Commercial Guide Services” at https://www.fws.gov/uploadedFiles/2019Guiding_Guidance.pdf.
121 FWS, “Liability Insurance Requirements for Special Use Permits, Region 7,” at https://www.fws.gov/uploadedFiles/sup_insurance.pdf. 122 Personal communication between CRS and FWS Office of Legislative and Congressional Affairs, June 24, 2019.
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Guides and Outfitters on Federal Lands: Background and Permitting Processes
with the multiple other existing statutes or authorities that guide federal land management. In addition, since the FLMAs often manage lands that are close or adjacent to one another, some addition, since the FLMAs often manage lands that are close or adjacent to one another, some
guide and outfitter operators may be subject to multiple permitting processes should their guide and outfitter operators may be subject to multiple permitting processes should their
operations cross agency jurisdictions. These factors and others can make it difficult to determine operations cross agency jurisdictions. These factors and others can make it difficult to determine
how and when commercial guides and outfitters may operate in how and when commercial guides and outfitters may operate in
our nation’sU.S. forests, parks, and forests, parks, and
waterways. waterways.
The various FLMA permitting processes have been a
The various FLMA permitting processes have been a
focal point of interest for many in Congress, point of interest for many in Congress,
the Administration, and the outfitting industry. As a result, understanding the considerations and the Administration, and the outfitting industry. As a result, understanding the considerations and
requirements outlined in this report—as requirements outlined in this report—as
wel well as the broader role of commercial guides and as the broader role of commercial guides and
outfitters on federal lands—may be helpfuloutfitters on federal lands—may be helpful
should Congress consider further legislative action.should Congress consider further legislative action.
Author Information
Mark K. DeSantis
Analyst in Natural Resources Policy
For more information regarding legislative issues related to commercial guides and outfitters on federal lands, as well as other issues related to commercial recreation on federal lands addressed within this report, see CRS Report R46381, Guides and Outfitters on Federal Lands: Issues and Legislation in the 116th Congress in Brief.
Author Information
Mark K. DeSantis
Analyst in Natural Resources Policy
129 FWS, Kodiak National Wildlife Refuge, “Special Use Permits,” at https://www.fws.gov/refuge/kodiak/special-use-permits.
130 Personal communication between CRS and FWS Office of Legislative and Congressional Affairs, June 24, 2019.
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Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should under the direction of Congress. Information in a CRS Report should
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