Forest Service Shield

USDA Forest Service
Outfitting and Guide Administrative Guidebook Errata # 1
Replace Chapter V, Page 7 with the following:

3. Overall Rating:

An overall rating will be assigned, considering the individual category ratings and their respective importance to overall performance. A probationary or unacceptable rating in any one category does not necessarily require an overall rating of probationary or unacceptable. Three different levels of performance will be recognized as follows:

     a. Acceptable - Performance is satisfactory and meets at least minimum established standards for the permitted activities. This may include some minor deficiencies that need correction. If these deficiencies persist after a reasonable time period following notification, they may result in a probationary rating.

     b. Probationary - Performance is less than acceptable for one or more significant considerations applicable to the permitted activity. Performance does not pose an immediate threat to the safety of the guests or others, is not in violation of law and doesn't pose a threat of significant resource damage. However, corrective action by the holder is mandatory and continued operation at this level of performance would be unacceptable. Examples might include: submission of required reports and fee payments are repeatedly delinquent, itineraries and/or schedules are routinely incorrect, changes to camp layout or operating plans are made without approval of the authorized officer. The basis for the rating will be clearly documented on the rating form or attachments.

     A holder who is given an overall performance rating of probationary will qualify for a permit period not to exceed one year (temporary service-day assignment) and permits with remaining periods of more than one year will be so amended. If a holder continues to operate at the probationary level, the authorized officer shall suspend or revoke the permit.

     c. Unacceptable - Performance is clearly unacceptable for one or more significant considerations applicable to the permitted activity and cannot be allowed to continue. This level of performance may pose a threat to the safety of guests or others, involve a serious violation of law or pose a threat of significant resource damage. Failure to obtain necessary licenses or registration, recurrent or serious violations of fish and game laws, outfitter-guide laws and regulations, failure to pay fees, failure to comply with insurance requirements, falsification of records and/or third party privileges can result in an unacceptable rating.

     An overall performance rating of unacceptable will result in suspension or revocation of the permit as appropriate to the circumstances. See "Types of Permit Actions" on Guidebook page V-8.

     Also note positive aspects of outfitter's service and outstanding performance in written evaluations in narrative response. Holder performance that exceeds the acceptable standard for all major elements of measurement, permitted activities that are performed in a manner that exemplifies leadership in the industry, holder respect for the NFS resources, caring for the land, and the highest quality public service being demonstrated are all indications of outstanding performance.”

V-7

Replace Chapter V, Page 9 with the following:

     - Failure to exercise the privileges granted;

     - With consent of the holder;

     - When, by its terms, a fixed or agreed upon time, event, or condition occurs.

     - Reasons in the public interest.

The authorizing officer may suspend and revoke special use permits. (Reference FSM 2716.3). To assure the proper level of review and approval is achieved, prior to initiating any revocation procedure, applicable terms and conditions of the specific permit (I.B. and VA. on the latest 2700-4) and any delegation of authority should be re-examined.

     a. Suspension: The temporary revocation, either entirely or partially, of occupancy or use privileges granted under a special use permit. Holder is provided an opportunity to correct items of non-compliance. Official notification is required. Suspensions are appealable under 36 CFR 251.

     Example: Suspend a portion of an operation (i.e reduce # of service days, or suspend use of a certain camp or trail).

     b. Revocation: The cessation of a special use authorization by action of an authorized officer before the end of the specified period of occupancy or use due to the holders noncompliance with the terms and conditions of the permit, failure to exercise the privileges granted, consent of the holder, or for specific and compelling reasons in the public interest. Holders will be provided an opportunity to cure any noncompliance. Official notification is required. Except for easements, revocations are appealable under 36 CFR 251.

     Example: Typically based on a history of non-compliance and failure to take required corrective actions within specific time frames or when the present use has become undesirable or unsatisfactory or when the land is needed for more important public purposes (as determined in the Forest Plan or through the NEPA process).

     c. Termination: The cessation of a special use permit through agreement with the holder or when a condition or term in the permit that provides for termination is met. This does not constitute a decision or action by the authorized officer so terminations are NOT appealable, however official notification is needed.

     Example: Permit clause states that permit will terminate on 12/31/96 or permit clause that states that permit will terminate for failure to pay fees within specific time. A sample letter of termination for non-payment of fees is located on Guidebook page A-81.

3. Notice of Non-compliance:

When the permit holder is in non-compliance with terms of the permit and prior to suspension, revocation, or termination, the authorized officer shall give the holder written notice of the grounds for such action and reasonable time to cure any non-compliance. (Refer to 36 CFR 251. 60 and FSM 2716.3).

. Willful, flagrant violations that jeopardize public health, safety and welfare or threatens significant damage to resources would warrant immediate suspension in whole or in part of an operation. In such cases, upon request by the holder, the superior of the authorized officer will arrange, within 48 hours, an onsite review. The reviewing officer will take prompt action to affirm, modify, or cancel the suspension.

V-9

Replace Chapter V, Page 12 with the following:

I. Appealable and Unappealable Decisions:

1. Decisions associated with Outfitter Guide permits that are appealable include:

     a. Decision to make a nonsignificant amendment to the Forest Plan is subject to appeal under 36 CFR 215 if it is part of a project decision. A decision on a nonsignificant amendment that is not included as part of a decision on a proposed project action remains subject to 36 CFR 217.

     b. Decision in regard to an application in response to a prospectus is appealable by the applicant in accordance with 36 CFR 251, Subpart C.

     c. Decision on an overall performance rating. Appealable by holder under 36 CFR 251, Subpart C. (Note: If the decision under a performance review is to suspect or revoke the permit, only the action on the permit is appealable, (d) below. )

     d. Decision on revocation or suspension of a permit. Appealable by holder under 36 CFR 251, Subpart C.

     e. When there is no specific reference to termination for nonpayment in the permit, the holder is in noncompliance with the terms and conditions of the permit for nonpayment of fees. In this situation the permit may be revoked for nonpayment of fees. The authorized officer, recognizing that an appeal action may result, shall document revocations for nonpayment. See FSH 2709.11, 32.42

2. Decisions associated with Outfitter Guide permits that are NOT appealable include:

     a. Decision to deny an unsolicited application. See FSM 2712.5 and 36 CFR Parts 217 and 251, Subpart C.

     b. Termination through agreement with the holder or when a condition or term in the permit that provides for termination is met. For example when permit clauses specify that the permit terminates for nonpayment of fees and the holder fails to pay in the specified time the permit terminates. See FSM 2716.2

     c. Initial fee determinations for new authorizations. See FSH 2709.11, 32.51.

     d. Fee adjustments calculated within the guidelines of an established fee system or schedule, and within the provisions of the permit. See FSH 2709.11, 32.51.

     e. An easement issued pursuant to 36 CFR 251.53(e) and (l).

V-12

Replace Item 3. of Chapter VI, Page 3 with the following:

3. Short-Stop Fee - The Regional Office may establish short-stop fees. Short-stop fees may be used for trips that use NFS lands incidental to the purpose of the trip, and when that use is two service days per client or less spent on NFS lands. Reference FSH 2709.11, Section 37.05, page 32.

Modified October 28, 1999