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FOREST SERVICE MANUAL

DENVER, CO

TITLE 1500 - EXTERNAL RELATIONS

Supplement No. 1500-95-2

Effective June 13, 1995

POSTING NOTICE: Supplements are numbered consecutively by Title and calendar year. Post by document name. This supplement replaces all Region 2 text except Interim Directives (ID). Retain this transmittal as the first page of this document. The last supplement to this Title was Supplement 1500-95-1 to FSM 1561.1561.9.

| |Superseded |New |

|Document Name | Number of Pages) |

| | | |

|1566.2-1566.23a | - |20 |

Digest:

1566 - This is a technical supplement which adds Exhibit 01, Memorandum of Understanding between Wyoming State Board of Outfitters and Professional Guides and Wyoming Office of the Bureau of Land Management (BLM). States guidelines and terms for cooperation in maintaining and enhancing the quality of service provided by outfitters in the State of Wyoming was formerly in 1561-1561.9.

ELIZABETH ESTILL

Regional Forester

FSM 1500 - EXTERNAL RELATIONS

R2 SUPPLEMENT 1500-95-2

EFFECTIVE 6/13/95

CHAPTER 1560 - STATE, COUNTY, AND LOCAL AGENCIES;

PUBLIC AND PRIVATE ORGANIZATIONS

1566.22 - Recreation.

1566.22 - Exhibit 01

1102-0002-90-045

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

BUREAU OF LAND MANAGEMENT, WYOMING,

U.S. DEPARTMENT OF THE INTERIOR

ROCKY MOUNTAIN REGION, FOREST SERVICE

INTERMOUNTAIN REGION, FOREST SERVICE

U.S. DEPARTMENT OF AGRICULTURE

WYOMING STATE BOARD OF OUTFITTERS AND PROFESSIONAL GUIDES

REGARDING

Maintaining and enhancing the quality of service provided by the outfitter industry in Wyoming on National Forest System lands and Bureau of Land Management administered public lands through the coordinated application of State and Federal laws and regulations governing the operation of outfitting and guiding services.

September, 1990

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

BUREAU OF LAND MANAGEMENT, WYOMING,

U.S. DEPARTMENT OF THE INTERIOR

ROCKY MOUNTAIN REGION, FOREST SERVICE

INTERMOUNTAIN REGION, FOREST SERVICE

U.S. DEPARTMENT OF AGRICULTURE

WYOMING STATE BOARD OF OUTFITTERS AND PROFESSIONAL GUIDES

PURPOSE

It is the mutual desire of the Forest Service, U. S. Department of Agriculture (Service), the Bureau of Land Management (BLM) and the Wyoming Board of Outfitters and Professional Guides (Board) to cooperate in maintaining and enhancing the quality of service provided by the outfitter industry in Wyoming on National Forest System lands and Bureau of Land Management administered public lands through the coordinated application of State and Federal laws and regulations governing the operation of outfitting and guiding services.

AUTHORITY

The Bureau of Land Management, herein referred to as BLM, is authorized under 43 CFR, Part 8370, Subpart 8372, "Special Recreation Permits other than on developed recreation sites" to administer permits for outfitting and guiding on BLM public lands. The BLM is authorized to enter into Cooperative Management Agreements on the public lands by the Federal Land Policy and Management Act of 1976, PL 94-579.

The Forest Service, U.S. Department of Agriculture, herein referred to as the Service, under the Acts of June 4, 1897 (16 USC 551), August 10, 1971 (16 USC 551a), June 12, 1960 (PL 86-517) and other applicable laws as the National Environment Policy Act of 1969 and the Forest and Rangeland Renewable Resource Planning Act (1974) as amended by the National Forest Management Act of 1976 is directed to manage the National Forest System (NFS).

The Wyoming Board of Outfitters and Professional Guides, herein referred to as the Board, may issue a Wyoming license to a qualified applicant whose services are marketed and available to members of the public when the applicant meets all the requisite qualifications of training, experience, knowledge and criteria as set forth in Wyoming W.S. 23-2-406 through 23-2-417.

AREAS OF COOPERATION

The Service, BLM, and Board mutually agree:

1. To maintain close cooperation through the interchange of information in matters of mutual interest including enforcement of laws, reporting complaints, violations and unsatisfactory performance and to mutually advise of any convictions of outfitters and guides for violations of laws, regulations or Board actions.

2. To coordinate the permitting and licensing of hunting activities for outfitting and guiding purposes. See attached Exhibits S2, S3 and S4 for specific operating guidelines for the Service and Exhibits BLM-1 and BLM-2 for the BLM.

3. That in the event of a proposed change of ownership of an outfitting business affecting BLM or Service lands neither the Board nor the Service/BLM will reissue a license or permit to the new owner without prior contact with the other affected parties. See Exhibits S2 and S3 for specific Service *guidelines and Exhibit BLM-1 for specific BLM operating guidelines.

4. When a new outfitter business becomes available on Service or BLM public lands, or an individual proposing an outfitter business initiates a license application and/or special use application, the parties to this Memorandum of Understanding (MOU) will coordinate their actions. See Exhibit S2 for specific Service guidelines and Exhibit BLM-1 for specific BLM guidelines.

5. To the extent possible, there will be mutual agreement on amendments to current licenses that affect the Board, Service or BLM.

6. In cases of routine renewal where no change is involved and no compliance problems exist, the license and/or permit may be processed without prior consultation.

7. Hold joint meetings annually between the Board, Service and the BLM to discuss MOU changes and other policy matters. The Board will initiate all the meetings and host them in even years, the Service/BLM will host in the odd years.

8. Each party will designate their representative(s) as its official contact in regard to this MOU by a letter with copies to all parties upon signing this MOU and each year thereafter until the MOU terminates. These representatives (or their designee) are responsible for coordinating their respective agency's responsibilities during the administration of this MOU in a timely and efficient manner. If they cannot resolve a coordination problem, they shall immediately communicate the problem to the next higher level of authority within the respective Service, BLM or Board for resolution.

9. To participate in the development of performance review standards for Service Special-Use Permits and/or associated Operating Plans. Service Exhibit S1 and BLM Exhibits BLM-3 "Outfitter/Guide Performance Rating Guidelines" display the initial performance review standards under this MOU.

ADMINISTRATIVE PROVISIONS

Nothing in this agreement will be construed as limiting or affecting in any way the authority or responsibility of the State of Wyoming, Service, or BLM or as binding on these parties to perform beyond their respective authority or to require any party to assume or expend any sum in excess of appropriations available.

Officials Not to Benefit: No member of or delegate to Congress or resident commissioners shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom.

This MOU shall become effective upon signature by all parties. Any party may withdraw from the MOU by giving 30 days written notice to the other parties.

Amendments to this MOU may be proposed by any party to this MOU and shall become effective upon approval in writing by all parties.

WYOMING BOARD OF OUTFITTERS AND PROFESSIONAL GUIDES

10-18-91 By /s/ Edward P. Moriarity

Date Chairman of the Board

FOREST SERVICE, U.S. DEPARTMENT OF AGRICULTURE

11-6-91 By /s/ Larry R. Coffelt for

Date GARY E. CARGILL

Regional Forester

Rocky Mountain Region

11-8-91 By /s/ Robert C. Joslin, for

Date J. S. TIXIER

Regional Forester

Intermountain Region

BUREAU OF LAND MANAGEMENT

12-5-91 By /s/ Ray Brubaker

Date RAY BRUBAKER

State Director

Wyoming

Exhibit - BLM - 1

BLM/WBOPG Operating Guidelines for Issuing

New WBOPG Licenses and

New BLM Special Recreation Permits (SRPs)

1. Upon receipt of a new application (also applies to change in ownership of an outfitter business) for a commercial SRP or WBOPG license, the Board and BLM will notify and request comments on proposed use from affected parties including but not limited to buyer, seller, neighboring outfitters, local Wyoming Game & Fish Department Warden, local outfitting organization representative, and other BLM resource area representatives, as appropriate. The Board and BLM will provide and inform the outfitter applicant with the necessary information required to obtain a WBOPG license and BLM-SRP.

This step will be completed within 30 days from receipt of application.

2. The BLM will ensure initial permit requirements (use fee, insurance, performance bond, etc.) are met, review alternatives, conduct the appropriate level public involvement and prepare the necessary environmental document to analyze the effects of the proposal.

The BLM will either approve (subject to WBOPG license approval) or deny the SRP application within 60 days from receipt of the application. In the event the WBOPG denies a license the BLM permit will be null and void.

3. Upon receipt of a copy[1] of the BLM-SRP authorization, the WBOPG will review the prospective outfitter license application, operations plan and other required information, issue an outfitters exam and either approve or deny the license application.

The license will be issued or denied within 45 days of receipt of the BLM-SRP authorization.

Note: Total processing time for issuing a new BLM-SRP and WBOPG-License for outfitting and guiding purposes will be approximately 90 days. Applications involving controversial or very extensive uses requiring interoffice coordination may take more time. The public will continue to be encouraged to submit applications for SRP's by June 1 annually to ensure authorization prior to the hunting season.

Exhibit - BLM - 2

BLM/WBOPG Operating Guidelines for Issuing

Supplemental Area Authorizations (BLM and WBOPG)

to existing SRP's and Licenses

1. Upon receipt of a request for an additional or supplemental hunt area authorization the Board and the BLM will notify and request comments on the proposed use from affected parties including but not limited to buyer, seller, neighboring outfitters, local Wyoming Game & Fish Department Warden, local outfitting organization representative, and other BLM resource area representatives, as appropriate. The Board and the BLM will provide and inform the outfitter applicant of the necessary information required to obtain a supplemental or additional area authorization.

This step will be completed within 30 days from receipt of request for additional area authorization.

2. The BLM will ensure permit requirements are met, and amend or prepare the necessary environmental analysis to analyze the effects of the proposal.

The BLM will either approve (subject to WBOPG Supplemental Area License approval) or deny the additional authorization within 30 days from receipt of the request. In the event the WBOPG denies a Supplemental Area Authorization, the BLM Supplemental Area Authorization will be null and void.

3. Upon receipt of a copy of the BLM Supplemental Area Authorization form (to be developed), the WBOPG will review the outfitter's request along with other required information and either approve or deny the supplemental area authorization.

The WBOPG Supplemental Area Authorization will be issued or denied within 30 days of receipt of the BLM Supplemental Area Authorization.

Note: Total processing time for issuing a BLM or WBOPG Supplemental Area Authorization for outfitting and guiding purposes will be approximately 60 days. Requests involving controversial or very extensive additional uses requiring interoffice coordination may take more time.

Exhibit - BLM - 3

BLM - Special Recreation Permit

Outfitter/Guide Performance Rating Guidelines

1. An Annual Post-Use Report will be required by all outfitters holding BLM-Special Recreation Permits.

2. An annual evaluation will be required by all outfitters holding BLM-Special Recreation Permits (BLM Manual 8372-1). The evaluation will assess adequacy of use fees, liability insurance policy, performance bonds, operating plans, permit violations, public complaints and other information as appropriate.

Four different performance levels are recognized: Superior, Acceptable, Probationary, and Unacceptable.

A. Superior - Performance is fully satisfactory and meets or exceeds all established standards for the permitted activities. Award permittee with Certificate of Appreciation signed by the Area Manager or District Manager.

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

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

A permittee who is given a summary performance rating of probationary will qualify for a permit period not to exceed one year and permits with remaining periods of more than one year will be so amended. If a holder continues to operate at the probationary level, the authorized office shall terminate the permit and/or deny future permit applications.

Exhibit - BLM - 3 - Continued

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

Failure to obtain necessary licenses or registration, recurrent or serious violations of fish and game or outfitter/guide laws and regulations in conjunction with permitted activities, failure to pay fees, failure to comply with permit requirements of insurance, failure to meet minimum requirements established for utilization of permit privileges, falsification of records and/or third party permit privileges will result in an unacceptable rating.

A summary performance rating of unacceptable will result in suspension, termination, or revocation of the permit as appropriate to the circumstances.

3. On-the-ground inspections will be required when warranted for all outfitters who maintain reserved camps on BLM-administered public lands as part of their business. No inspections will be required for day use outfitters who use a combination of state, private, and public land and do not maintain reserved camps.

Exhibit S1

OUTFITTER/GUIDE PERFORMANCE RATING GUIDELINES

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

Rating Categories and Standards

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

The Wyoming Board of Outfitters and Professional Guides evaluates service and client complaints. The rating in this category should be coordinated with the Board in accordance with the current Memorandum of Understanding and supporting policy.

2. Compliance with permit conditions - The permittee's compliance with all special use permit clauses and the conditions of other applicable permits will be reviewed and an appropriate rating assigned. The review will include: 1) fee payment, 2) insurance, 3) advertising, 4) Title VI compliance, 5) use records, 6) compliance with laws and regulations, 7) minimum use requirements, 8) accurate and adequate records for audit, 9) third party restrictions, and 10) other permit provisions.

3. Compliance with Operating Plan. - All elements of the operating plan will be reviewed including such items as: 1) following itinerary/schedules, 2) party size, 3) actual vs permitted use, 4) no trace ethics, 5) confirmations/cancellations, 6) adequate and accurate fee information, 7) camp requirements, and 8) other provisions.

4. Equipment - This rating will be based on the type and quality of equipment used to assure a safe trip. Are equipment and stock as advertised, maintained in good, safe condition, and adequate for the purpose? Are boats, vehicles or aircraft licensed, identified, and certified when required? Coordinate with other agencies such as the Coast Guard or Wyoming Board of Outfitters and Professional Guides as appropriate.

Exhibit S1--2

5. Safety - This rating will be based on the permittee's safety record and exhibited concern for the safety of guests, employees, and the general public. Considerations include: 1) handling of emergencies, 2) safety procedures followed, 3) first aid supplies available as required by Wyoming Board of Outfitter/Guide rules and regulations, 4) accident record, 5) safety equipment adequacy, availability, and use, 6) compliance with safety standards for the activity, and 7) responsible and safe conduct of activities. As appropriate, coordinate with the Coast Guard or Wyoming Board of Outfitters and Professional Guides in accordance with the current Memorandum of Understanding and supporting policy.

6. Resource Protection - This rating will be based on the permittee's use and care of campsites, sanitation procedures for human waste and garbage, protection of cultural resources, compliance with fire regulations, compliance with fish and game regulations and protection of other natural resources. Since clients are the direct responsibility of the permittee, their actions while on a scheduled trip will also influence the rating.

7. Major Incidents - Each major incident involving the conduct of permitted activities will be reviewed and rated individually. They should be described in detail on attachments to the rating form. Types of incidents which would fall into this category include, but are not limited to, boating accidents involving one or more boats, injury to guests or employees, recurrent or serious violation of fish and game laws and regulations, reckless operation of equipment, confrontations with other users, accidental death, drowning, and other serious violation of permit conditions or law. Coordinate with the Wyoming Board of Outfitters and Professional Guides in accordance with the current Memorandum of Understanding and supporting policy. Serious incidents will be reported to the Board, Fish and Game, or other involved cooperating agencies as soon as possible. These agencies should be encouraged to cooperate in any investigation and avoid duplication of effort.

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

1) Superior - Performance is fully satisfactory and meets or exceeds all established standards for the permitted activities. Award permittee with Certificate of Appreciation signed by the Forest Supervisor.

Exhibit S1--3

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

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

A permittee who is given a summary performance rating of probationary will qualify for a permit period not to exceed one year and permits with remaining periods of more than one year will be so amended. If a holder continues to operate at the probationary level, the authorized office shall terminate the permit and/or deny future permit applications.

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

Failure to obtain necessary licenses or registration, recurrent or serious violations of fish and game or outfitter/guide laws and regulations in conjunction with permitted activities, failure to pay fees, failure to comply with permit requirements for insurance, failure to meet minimum requirements established for utilization of permit privileges, falsification of records and/or third party permit privileges will result in an unacceptable rating.

A summary performance rating of unacceptable will result in suspension, termination, or revocation of the permit as appropriate to the circumstances.

The responsible Forest Officer will notify the permittee when a probationary or unacceptable performance rating is being considered and offer him an opportunity to meet with the Forest Officer prior to finalizing the rating. To the extent allowed by law and regulation,

ratings are confidential between Forest Service and the holder, except that ratings will be coordinated as necessary with other responsible state and federal regulating agencies. All FOIA requests must be forwarded to the Regional Forester.

The Wyoming Board of Outfitters and Professional Guides will advise the appropriate District Ranger when it has information concerning performance that needs to be brought to the Ranger's attention and could result in an unacceptable or probationary rating. The Forest Officer will contact the Board and discuss the process to be used in coordination of the evaluation whenever a rating of other than acceptable is anticipated. Written comments from the Board will be requested prior to issuing a probationary or unacceptable rating.

A performance rating is subject to administrative review (appeal) pursuant to 36 CFR 251.

Exhibit S1--4 OUTFITTER-GUIDE PERFORMANCE RATING

|Permittee | |

|Type of Operation | |

|Location | |

|Period | |to | |

| Rating Category |Rating |Rating Category |Rating |

|(See Rating Guide) | |(See Rating Guide) | |

| |

|1. Service to Public | |5. Safety | |

|2. Compliance with permit conditions | |6. Resource Protection | |

|3 .Compliance with operating plan | |(Describe in attachments) | |

|4. |Equipment | |SUMMARY RATING | |

|Comments: | |

| |

| |

|Efforts made by the permittee to correct deficiencies noted on the last performance evaluation: |

| |

| |

|Recommended Corrective Actions: |

| |

| |

|Commendable Performance: |

| |

| |

| |

Wyoming Board Contacted (date)

Comments attached for probationary or unacceptable ratings (Check)

Forest Officer Date

|Outtfitter's Comments:: |

| |

| |

| |

Outfitter * Date

| |S – Superior | |

|Rating |A - Acceptable |U - Unacceptable |

| |P - Probationary |NA - Does not apply (See rating guide for definition) |

Note: Use additional sheets as necessary for comments, description of major incidents, recommended corrective actions, corrective efforts and commendable performance. (Rating subject to appeal; see page 3 of Rating Guidelines).

*The Outfitter will be afforded the opportunity to sign whenever a rating of probationary or unacceptable is proposed. The outfitter's signature acknowledges receipt and review of the rating, not necessarily agreement.

Exhibit S2

INTRODUCTION

The purpose of these guidelines is to provide a framework for coordinating the respective responsibilities of the Board and Service to license and permit outfitting and guide activities. Ongoing and open communication between agencies is the key to smooth operating procedures which best serve the public need. The following guidelines are designed to be flexible. The precision with which these guidelines are followed is dependent upon each case. In some instances, certain steps may be combined with other steps or omitted altogether. This will be agreed on between the Board and Service for each case. In some cases, adequate coordination may be accomplished by phone and/or letter; in other instances, joint sessions may be necessary to arrange the process to be followed.

It is the intent of the Board and Service as desirable and necessary under the following circumstances and as dictated by the need to implement the coordinating guidelines for issuing permits and licenses developed under the umbrella of the MOU:

1. Where a sale of the business assets of an existing priority use permit is anticipated, and the prospective buyer asks for a new permit for the use associated with the business they have purchased, "GUIDELINES FOR ISSUING NEW FOREST SERVICE SPECIAL PERMITS, AND WYOMING OUTFITTER AND PROFESSIONAL GUIDE LICENSES UPON THE SALE OF THE BUSINESS" will be employed (See Service Exhibit S3).

2. Where a license/permit application is received to conduct outfitting activities in an area currently served by an outfitter, but the services to be provided are unique to the area or represent an additional public service that could potentially be provided without impinging on the ability of the existing outfitter to conduct a viable business or impacting resource conditions, the Board and Service will coordinate action in accordance with the "GUIDELINES FOR ISSUING SUPPLEMENTAL AREA AUTHORIZATIONS TO EXISTING PERMITTEE AND LICENSEE AND LICENSES" (See Service Exhibit S4).

3. In all other situations as described below, the "GUIDELINES FOR ISSUING NEW WYOMING OUTFITTER AND PROFESSIONAL GUIDE LICENSES AND NEW FOREST SERVICE SPECIAL USE PERMITS" (See Service Exhibit S2--2) will be used.

a. A new commercial opportunity is identified where no similar commercial activity has been conducted in the past. Such opportunities are identified through Service planning efforts, by the public expressing a need or desire, or by an applicant expressing an interest in providing the service.

b. Where a break in the continuity of an authorization for an operating business occurs due to license or permit termination, revocation, abandonment, or any other similar circumstance resulting in the need to issue/reissue a new permit or license to conduct an operation in an area where an operation had previously been conducted.

c. Where, due to termination of priority use or an increase in capacity, a new permit/license is being considered or an increase in the authorization of an existing permit/license is possible.

Exhibit S2--2

GUIDELINES FOR ISSUING

NEW WYOMING OUTFITTER AND GUIDE LICENSES INVOLVING NF LANDS

NEW FOREST SERVICE SPECIAL USE PERMITS

STEP 1: When a proposal or inquiry is received by the Board or the Service, they will notify the other party of the proposal. When an application is received, the issuance of a new permit/license will be considered.

This step will be completed within 30 days from receipt of application.

STEP 2: The Service will review and process permit applications in accordance with National, Regional Policy, and applicable regulations for the use found in The Code of Federal Regulations (Title 36 251.50 Special Uses Subpart B).

STEP 3: The Service will notify the Board of any pending environmental analysis (in conformance with the National Environmental Policy Act-NEPA) relative outfitting and guiding and solicit the Board's input. The Board will be notified of the decision to issue a new permit by the Service.

STEP 4: The Board will assist the Service in establishing selection criteria, investigating and screening proposed permit/license applicants to help the Service select the best qualified outfitter, if there is more than one applicant for the proposed new permit.

STEP 5: The Service identifies preferred permittee and forwards name to Board. If mutually agreeable, the Board issues a license and the Service issues a special use permit.

The total processing time for issuing a new Service permit and Board License should not generally exceed 90 days following completion of Step 3. The Forest Officer issuing the permit will deal directly with the Board. This will usually be the District Ranger.

Exhibit S2--3

TRACKING SHEET 1/

GUIDELINES FOR ISSUING

NEW WYOMING OUTFITTER GUIDE LICENSES

NEW FOREST SERVICE SPECIAL USE PERMITS

Applicant Name:

Type of Activity:

Location:

District and Forest:

Date Action by and With Whom 2/ Action Agreed on or Taken

Step 1-3/

1/ The purpose of the sheet is to document the action which has taken place.

2/ Use person's name or initials and agency (USF, WBO&PG) industry, etc.

3/ Write in additional steps as needed. There could be several entries under one or more steps depending on the complexity of the proposal.

Exhibit S3

GUIDELINES FOR ISSUING FOREST SERVICE

SPECIAL USE PERMITS

AND WYOMING OUTFITTER AND PROFESSIONAL GUIDE LICENSES

UPON THE SALE OF THE BUSINESS

1. Outfitter finds a prospective buyer and accompanied by buyer contacts local District Ranger to find out the terms of the special use permit, operating plan, licenses and to obtain applications.

2. Service will notify the Board of proposed sale and request any potential changes in license, what the changes are, and why they are being contemplated.

This Step will be completed within 30 days from receipt of application.

3. Applicant submits relinquishment/application.

4. Service will review application and bona fide documents showing conveyance of a substantial portion of the business to determine validity of the sale. Service will then complete necessary review for determining applicants qualification for a special use permit as required in Title 36 CFR 250.50 Subpart B and complete NEPA requirements (Decision Memo) for the transfer.

5. Service will notify Board of the decision and if the proposed applicant meets the requirements for a permittee.

6. Board makes a determination of the applicants ability to provide the required service and meet the Boards criteria for a Wyoming State Outfitter License.

7. Board notifies Service of the results of its determination and agreement is reached on whether to issue permit/license.

8. Service conducts any required public transfer meetings with buyer, seller, neighboring outfitters, local Game & Fish Warden and local outfitting organization representation.

9. Applicant is issued permit/license and completes Service operating plan. The permit will be issued as a temporary or priority permit according to the qualifications of the applicant. Temporary permits will be reissued as priority use after demonstration of their acceptable, or better, performance for two years.

Note: Total processing time for issuing a new service permit and Board License should not generally exceed 90 days. The Forest Officer issuing the permit will deal directly with the Board. This will usually be the District Ranger.

Exhibit - S4

GUIDELINES FOR ISSUING

SUPPLEMENTAL AREA AUTHORIZATIONS

TO EXISTING PERMITTEE AND LICENSEE

1. Upon receipt of a request for an additional or supplemental hunt area authorization the Board and the Service will notify and request comments on the proposed use from affected parties including, but not limited to, neighboring outfitters, local Wyoming Game & Fish Department Warden, and local outfitting organization representative, as appropriate. The Board and the Service will provide and inform the outfitter applicant of the necessary information required to obtain a supplemental or additional area authorization.

This step will be completed within 30 days from receipt of request for additional area authorization.

2. The Service will ensure permit requirements are met, and amend or prepare the necessary environmental analysis to analyze the effects of the proposal.

The Service will either approve or deny the additional authorization within 30 days from receipt of the request. Approval will be acknowledged by the signature of the Forest Officer responsible for the supplemental area on the State form "State Board of Outfitters and Professional Guides Application for Supplemental Area Authorization." In the event the Board denies a Supplemental Area Authorization, the Service's approval will be null and void.

3. Upon receipt of the Application for Supplemental Area Authorization, the Board will review the outfitter's request along with other required information and either approve or deny the supplemental area authorization within 30 days.

Note: Total processing time for issuing a Service/Board Supplemental Area Authorization for outfitting and guiding purposes will be approximately 60 days. Requests involving controversial or very extensive additional uses requiring interoffice coordination may take more time.

-----------------------

[1] As standard operating procedures, copies of all correspondence initiated by the BLM or the WBOPG affecting an individual outfitter's business will be sent to the affected agency office

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