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This question and answer section deals with general information that is more or less common to permitting in each agency. However, specific procedures may vary considerably among the agencies.

Where do I apply?
That depends on where in Alaska you want to provide your service. This will define which agency or agencies you would need to contact. We have included the names and addresses along with general maps of agency units to help you find your answers as fast as possible.

Who needs a permit?
In most cases, individuals, companies, and organizations conducting commercial operations on, or associated with, public or private lands require some type of permit and payment of a fee.

Definitions
It is important that you understand some of the terminology and definition of terms associated with commercial visitor services provided under each agency. Because each agency is directed by law to administer the lands for which they are responsible in different ways, the types of activities authorized and the way commercial permits are issued and administered will also vary. Inherent in these differences is the terminology used by each agency.

We have included short sections under each agency's listing that define terms you will need to know when requesting permits from each agency.

Commercial visitor service. For the purposes of this publication, commercial visitor service is defined as any service made available for a fee or charge to persons visiting state or federal public lands or Native-owned lands in Alaska, including such services as providing food, accommodations, tranportation, tours, outfitting and guiding services.

How long will it take to get a permit?
Acquiring a commercial use permit may take as little as a few days to more than a year. Most permits will take several months to issue. Permits for new resorts, marinas, and ski areas are normally only issued through a competitive process. The application process is specified in the prospectus soliciting specific proposals.

What forms do I have to fill out?
There is a certain amount of paperwork required to request a commercial use permit. The individual agency units administering the permit can tell you just what forms are needed. The more complex the intended operation, generally, the more paperwork will be required.

Do I need insurance?
People using commercial visitor services authorized by public land managers have the right to expect that commercial operators have the capability to pay a bona fide claim that results from an operator's act or omission. Insurance should be sufficient in scope to cover all potential risks and in an amount that can reasonably be expected to satisfy claims in the event of serious injury or death.

Almost any commercial venture performed on public lands will require some sort of insurance. The amount and type of insurance is contingent on factors such as (1) the number of clients or party size anticipated, (2) the nature of the service provided, and (3) risk of claims against the government.

Generally, the agency must be named as an additional insured on the policy. Also, the policy must contain a rider specifying that a 30-day notification will be given to the agency prior to cancellation.

Permit terms and conditions
Every commercial visitor use permit or license contains a number of terms and conditions. Examples of these conditions are: (1) uses allowed, (2) description of use sites, (3) total number of use days and number of clients authorized, (4) a requirement for liability insurance, (5) fees, (6) requirement of nondiscrimination, (7) barrier-free accessibility to programs for people with disabilities, (8) amount of livestock or types of equipment used to transport clients and supplies and equipment, and (9) operating and safety plans.

Additionally, authorizations for resorts, marinas, and ski areas will specify: (1) allowed facilities, (2) site planning and design requirements, and (3) construction period and site cleanup requirements.

Permit fees
There are fees associated with most commercial use permits or licenses. These fees, designed to return fair market value for use of the land, may be dependent on a variety of factors such as: (1) nature of the service provided, (2) number of clients served, (3) a percentage of the gross income from the operation, and (4) minimum fee.

Initial payments are generally required in advance of the initiation of the permitted operation or partial payments over a specified period.

Fee deductions may be appropriate for certain activities related to the operation but that occur off the public lands.

Permit duration
Permits may be issued for a one time only event or for a number of years. Criteria use to determine permit length may include: (1) type of activity authorized, (2) management objectives for the area, (3) environmental concerns, (4) public demand for the intended use, (5) a permittee's past or current performance rating, and (6) amount of capital investment and structural improvement proposed (i.e. size of resort).

Permittee selection process
To be considered for a permit, a person must be willing to provide the appropriate visitor services, be legally qualified (licensed, insured, etc.), and be able to demonstrate the financial resources and technical ability to adequately provide the services and facilities to be permitted.

The method of selecting commercial visitor service permittees vary. Different agencies have varying methods of permittee selection. These methods may include:

1. full and open competition (formal bid)

2. other than full and open competition (informal bid)

3. other equitable processes such as lottery, auction, or first-come-first-served

4. priority system

       a. The Alaska National Interest Lands Conservation Act (ANILCA), Section 1307, provides statutory preferences to historical operators, local residents, and certain Native corporations in the award of permits for commercial visitor services on certain federal public lands in Alaska. This does not apply to sport hunting and sport fishing guides.

       b. Holders of existing expiring permits may also have a priority.

5. unlimited -- all qualified applicants get a permit

Permit renewal
In many cases, permits may be renewed, reissued, or amended following agency consideration of issues such as: (1) performance under the initial permit, (2) use consistency with current land management plans, and (3) compliance with all applicable state and federal laws under the initial permit.

Change of ownership or control of business entity
The majority of permits issued by federal and state land managers are not transferable. However, the new owner of a business may apply for his/her own permit and qualify on the same basis as the original owner/permittee. Generally the permit itself does not have any marketable value and the permit terminates when the business is sold or transferred to a new owner.

Some agency permits are transferable. Typically these are permits that have been issued through a competitive process, where there is no opportunity to apply for a new permit until a new business prospectus is prepared by the agency. Competitive processes are typically employed where the number of permits to be issued is limited and/or the permit authorizes a land assignment and construction of permanent facilities on public lands. Typically, transferable permits may be transferred or assigned only with the prior written approval of the land manager. The agency may choose to disapprove a transaction or condition its approval to changes in the permit terms and conditions. Other issues may also be involved in change of ownership or transfer of a permit, such as loss of historical rights and renewal preferences based on past satisfactory performance of the original permittee (see permittee selection process). Consult the appropriate land management agency for details regarding legislation, regulation, or policy applicable to their permits.

Note: Concessionaires offering formal food preparation and service facilities will need a permit from the Alaska Department of Environmental Conservation (DEC). Contact the Division of Environmental Health of the DEC at 555 Cordova Street, Anchorage, AK 99501 (tel (907) 269­7501).