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SPECIAL PERMIT STIPULATIONS FOR COMMERCIAL GUIDES Privileges granted by this permit are subject to the following annual requirements: Permittee shall inform all employees and clients of the terms and conditions of the authorizing permit, and is responsible and liable for all actions of employees and clients on both public and private lands. a. No one shall intentionally or knowingly destroy, deface, remove, or disturb any public building, sign, equipment, marker, or other government property, cultural site or artifact, historic structure, natural feature of the land, vegetation, or wildlife, except as legally taken. Livestock fences are not to be cut to allow access to a site. b. Permittees and their clients will not interfere with other valid existing uses occurring on the public lands such as grazing, mining, or other recreational uses (including other outfitting-guide uses, hunting, fishing, etc.). General 1. Any property of the permittee left unattended on BLM-administered lands longer than ten (10) days without permission of the Authorized Officer is subject to disposition under the Federal Property and Administrative Services Act of 1949 as amended; or at the option of BLM will be removed and delivered to the permittee at the permittee's expense. Removal of the property by the United States shall not relieve the permit holder of liability for the cost of its removal and restoration of the site. 2. This permit does not authorize the permittee, employees, or clients to use areas of the public lands which are otherwise restricted or closed (e.g., restrictive off-highway vehicle designation areas). 3. Granting the Special Recreation Permit by BLM does not guarantee the permittee's use of any specific campsite(s), nor the use of public lands in a given area, and not the exclusive use of any area by a single permittee. Reservation of permanent campsite(s) for exclusive use by the permittee will require specific authorization and payment of an annual fee for each reserved site. A permanent campsite is a location used for a period of fourteen (14) consecutive days or longer. 4. Issuance of a Special Recreation Permit does not establish nor imply recognition of any claimed historical use rights by an operator or the public. Public lands will be available to users on a first-come first-served basis, but this does not imply that the first permittee into an area is the only one authorized to use it. Unless an allocation system is implemented for an area, other commercial users and private individuals alike may use all public land areas. 5. Permittee agrees to make all relevant permit books and support records available to the BLM upon request for analysis by qualified representatives of the BLM or other agencies authorized to review BLM's permitting activities. All such permittee records will be furnished upon request as outlined in 43 CFR 2932.55. 6. The BLM reserves the right to alter the terms, conditions, or stipulations of a permit at any time for reasons such as significant policy changes, administrative procedure changes, stipulation changes, impacts to resource values, user conflicts, etc. 7. The BLM Authorized Officer reserves the right to close various sites and/or areas of the public lands to prevent resource damage and use conflicts, and to promote visitor safety. 8. Issuance of a permit by BLM does not guarantee legal access to public lands. Access to public lands by the permittee is assured only when legal access for the general public is available. Where legal public access is not available, it is the permittee's responsibility to obtain permission from the landowner(s) to travel through or use private lands. 9. The permittee shall comply with all Federal, State, County and local governmental agencies having jurisdiction, ordinances, regulations, orders, postings, or written requirements applicable to public lands. Other agencies requiring separate permits are the Forest Service, Fish and Wildlife Service, State Parks, National Wildlife Refuges and Native American Reservation lands. The permittee must contact and receive concurrence and license, where required, from all other federal, state, county and local governmental agencies having jurisdiction. The permittee shall ensure that all persons operating under the authorization have obtained all required Federal, State, and local licenses or registrations. The permittee shall make every reasonable effort to ensure compliance with these requirements by all agents of the permittee and by all clients or customers under the permittee's supervision. 10. An SRP represents a nonexclusive privilege authorizing special uses of the public lands and related waters and, should circumstances warrant, the permit may be modified by the BLM at any time, including the amount of use. The authorized officer may suspend or terminate an SRP if necessary to protect public resources, health, safety, the environment, or in the event of noncompliance with permit stipulations. 11. No value shall be assigned to or claimed for the permit, or for the occupancy or use of Federal lands or related waters granted thereupon. The permit privileges are not to be considered property on which the permittee shall be entitled to earn or receive any return, income, price or compensation. The use of a permit as collateral is not recognized by the BLM. 12. All advertising and representations made to the public and to the authorized officer must be accurate. Although the addresses and telephone numbers of the BLM may be included in advertising materials, official agency symbols may not be used. The permittee shall not use advertising that attempts to portray or represent the activities as being conducted by the BLM. The permittee may not portray or represent the permit fee as a special Federal user’s tax. The permittee must furnish the authorized officer with any current brochure and price list. 13. The permittee must assume responsibility for inspecting the permitted area, and any surrounding areas in which the event participants or spectators might reasonably be expected to enter, for any existing or new hazardous conditions, e.g., land slides, avalanches, rocks, changing water or weather conditions, falling limbs or trees, submerged objects, hazardous wildlife, abandoned mine shafts or other hazards that present risks for which the permittee assumes responsibility. Identified hazards shall be marked and, if necessary, barriers erected to prevent entry. 14. Unless specifically authorized, an SRP does not authorize the permittee to erect, construct, or place any building, structure, or other fixture on the public lands. Any use of the public lands is subject to the condition that upon leaving, the lands must be restored as nearly as possible to preexisting conditions. All temporary structures (i.e. corrals, hunting blinds, frames, hitching rails, etc.) must be requested in writing by the permittee and are subject to approval by the authorized official. 15. The permittee must present or display a copy of the special recreation permit to a participant, authorized officer's representative, or law enforcement personnel upon request. 16. In the event of default on any mortgage or other indebtedness, such as bankruptcy, creditors shall not succeed to the operating rights or privileges of the permittees SRP. 17. The permittee shall notify the authorized officer of any accident which occurs while involved in activities authorized by this permit which results in: death, personal injury requiring hospitalization or emergency evacuation, or in property damage greater than $2,500. Reports should be submitted within 48 hours in the case of death or injury, or 10 days in accidents involving property damage. 18. An SRP only authorizes the use, for the time and in the area, as specifically described in section 2 of special recreation permit Form 8340. Permittees using other BLM districts must have written authorization in advance from all affected offices. This permit does not apply to non-BLM lands (i.e. private, State, USFS etc.) unless provided for by cooperative or interagency agreements, etc. 19. Vehicles (including ATVs) will be washed and cleaned before being transported to public lands to eliminate the possibility of noxious weeds being introduced to the public lands. All pack and saddle stock feed must be certified weed free. Sanitation & Aesthetics 20. Operation and maintenance of all sanitation, food service, and water supplies, systems, and facilities shall comply with the standards of the local department of health and the United States Public Health Service. 21. Permittee shall dispose of refuse resulting from the permitted use, including waste material, garbage, and rubbish of all kinds in the following manner, and shall guard the purity of streams and other bodies of water: (a) Tin cans, spent brass, bottles, metal, foil, plastics, and other unburnable materials will be packed out, not buried. Ensure that all burnable materials are completely consumed by fire. All refuse not burned is to be packed out. (b) Pit type or portable toilets, with or without tent coverings, are mandatory at all camps having more than 10 people or being used for more than one night. Toilet pits will be filled with earth when excrement reaches one foot below ground level, and a new pit will be dug. All pits will be treated with lime or intermittently covered with earth when used, and will be covered with earth to the level of the original ground surface when use is terminated. Pit toilets will not be constructed in any designated Wilderness area or Wilderness Study Area nor will they be constructed in archeological or historic sites. (c) No waste or byproducts shall be discharged if they contain any substances in concentrations that would result in substantial harm to fish and wildlife or to human water supplies, including streams, reservoirs, and lakes. 22. Permittee shall protect the scenic aesthetic values of the area under permit and the adjacent lands, insofar as practical, while exercising privileges granted during setup, operation, and maintenance of the permitted operation. When camps or other facilities are dismantled, the area should be left in a natural state. Camping 23. In accordance with Nevada Revised Statute (NRS) 503.660, "It is unlawful for any person to camp within 100 yards of a water hole in such a manner that wildlife or domestic stock will be denied access to such water hole.” (1975, pg. 14530). 24. No camping will be allowed in any archaeological or historic site, or in proximity to the California National Historic Trail except at developed or established campgrounds. 24. No permanent base camps may be established without prior authorization. A permanent campsite is a location used for a period of fourteen (14) consecutive days or longer. 25. No camps or other facilities, either permanent or temporary, will be set up in a designated Wilderness area or Wilderness Study Area without prior written approval by BLM. 26. Construction of permanent fences or corrals is not permitted. Temporary improvements including frames, hitching racks and other pole structures may be constructed provided they are dismantled and removed within 30 days following the termination of yearly guiding operations. All temporary improvements must be requested in writing by the permittee and are subject to approval by the Authorized Official. 27. No live trees may be cut for use in constructing temporary facilities unless prior approval is given by the Authorized Official. 28. Cook tents, pit-type toilets, tethered pack stock, hitching racks and horse corrals must be located at least 100 yards from the nearest spring source and other surface waters (lakes, streams, reservoirs, etc.). Pack stock will not be tethered or placed within riparian exclosures. Camps must be located so as to avoid conflict with other users and should not block access on roads or trails. 29. Food and/or equipment caches will not be allowed unless prior approval is obtained form BLM's Field Office Manager. Location of proposed caches must be described in the permit application. Fires 30. Open fires may be prohibited during certain periods depending on fire danger. Contact the local Forest Service or BLM office for information on fire restrictions. 31. All types of open fires will be built only in areas that are presently free of vegetation. A general rule of thumb is to use a clear area at least 15 feet in diameter. No new fire rings will be made when existing rings are available in an area. Use of gas stoves or charcoal briquettes is encouraged, and packing of fuels may be necessary to supplement naturally available firewood. The use of fire pans is strongly encouraged. 32. No campfires will be left unattended; permittees are solely responsible for all fires which they, their employees, or their customers start. Permittees may be held responsible for fire suppression costs resulting from wildfires caused by the permittee, or customers and participants. 33. Wildfire should be reported immediately to the nearest BLM office (775-748-4000). Permittee is responsible for informing employees, clients, and participants of the current fire danger and required precautions that may be placed in effect by the BLM or the State of Nevada. 34. Fires and stoves are prohibited within old cabins or historic structures. 35. An axe, shovel and water bucket must be available at each camp for fire control. 36. Cutting or gathering fuel wood for commercial or home use is prohibited. Additionally, cutting or gathering green trees or their parts, or removing dead limbs from standing trees for any purpose is prohibited [43 CFR 4140.1]. Cutting or gathering firewood from historic structures is prohibited, nor can loose milled lumber or fence posts from historic sites be used for firewood. Motorized Vehicle Use 37. Motorized vehicles, motorized equipment and mechanized transport of any type are not permitted in designated Wilderness Areas off of designated routes. 38. Motorized vehicles are not permitted off-road in Wilderness Study Areas. Vehicle use is limited to existing designated vehicle routes (roads and ways). Contact the local BLM office for official maps of open routes in Wilderness Study Areas. 39. It is the permittees responsibility to obtain current maps of designated Wilderness areas, wilderness study areas, and closed or limited use off-highway vehicle areas prior to using the area for commercial purposes. 40. No vehicle use will be allowed on any of the more intact (Oregon California Trails Association [OCTA] class I) segments of the California Trail. Vehicles must stay on established roads. 41. The BLM encourages the use of “Tread Lightly” principals and “Leave No Trace” ethics. Responsible off highway vehicle use means staying on already existing routes. Cultural, Native American and Historic concerns 42. Archaeological/historic resources are fragile and irreplaceable vestiges of the past that can provide important information about history and prehistory as well as providing enjoyment to those who come upon them. Federal law protects historic and archaeological resources for the benefit of all Americans. It is illegal to collect, remove, damage, excavate, deface or otherwise alter any historic or prehistoric site or artifact on federal land. An archaeological/historic resource is any site, building, object or artifact that is more than 50 years of age and has been made, used or modified by a human. Examples of such resources include but are not limited to complete or fragmentary: arrowheads, other stone projectiles, other stone tools, stone chips from tool manufacture, pottery, grinding stones, prehistoric campsites, artifact scatters, bottles, glass fragments, dinnerware, cans, buildings, historic trails, machinery, metal objects and tools, nails, railroad spikes, foundations, milled lumber, automobile parts, etc. The permittee is responsible for ensuring that archaeological/historic resources along the tour route are not removed, damaged or otherwise impacted by company personnel or clients and for informing all participants of the importance of these resources and the penalties for collecting artifacts or damaging cultural resources. Should unanticipated or unauthorized impacts to historic properties occur during touring, or existing measures fail to provide adequate protection, the proponent would be responsible for notifying BLM of the problem, for taking steps to eliminate the action(s) causing the impact, and for the cost of repairing/stabilizing damaged properties and/or undertaking appropriate data recovery. 43. All cultural (historic or prehistoric sites or objects) and/or paleontological resources that are discovered during the legal execution of this permit will be reported to the authorized officer. If cultural resources are discovered that could be affected by the operation of this permit, such operation will immediately cease and the Elko Field Office District Manager will be notified immediately. All such artifacts are the property of the United States and are not to be collected. 44. Pursuant 43 CFR 10.4 (g), the holder of this authorization must notify the authorized officer, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary objects, sacred objects, or objects of cultural patrimony (as defined at 43 CFR 10.2). Further, pursuant to 43 CFR 10.4(c) and (d), you must stop activities in the vicinity of the discovery and protect it for 30 days or until notified to proceed by the authorized officer. 45. The permittee shall not commercialize any Native American religious ceremony occurring on public lands. Tours will not disrupt or infringe upon religious ceremonies taking place on public lands. 46. Any other areas of the California Trail, besides those specified in the proposed action, that the permittee desires as tour destinations, must be disclosed with the BLM prior to visiting. First-Aid Equipment 47. First-aid equipment will be part of the base camp equipment. The needs will be determined by the size of the party. 48. Guides should be trained in First-Aid and/or Cardio-Pulmonary Resuscitation procedures. Spruce Mountain Area, NDOW Hunt unit 105 Please note that as of April 2006, Hunt Unit 105 around the Spruce Mountain area was designated through Federal Register Notice a Limited Use Area. All motorized travel is limited to existing roads and trails in this area. 49. Hunt Unit 105 will not be promoted as a winter use destination and no tours will be authorized after the first snowfall on Spruce Mountain through May 15th of each year (approximately September 30 – May 15). 50. As outlined in the Draft Spruce Historic Properties Management Plan (BLM1-2498), any permittees operating on Spruce Mountain shall work with the BLM to educate the public about the sensitive nature of cultural resources. The permittee will outline the importance of preserving these sites for future generation and he will explain the damage that artifact collecting can have for an archaeological site. 51. The permittee shall ensure that no member of his party collects any artifacts or vandalizes any historic structures while participating in the tour. 52. Permittee will be educated by the BLM on the sensitive issues at Spruce Mountain, including wildlife, private lands and cultural resources. The permittee will pass this information along to clients and stress the importance of OHV etiquette while in the Spruce Mountain area. Permittee will also monitor the area when guiding clients and complete an OHV Observation Report for the BLM. Any violations will be reported immediately to the BLM or Law Enforcement. (During office hours phone 775-753-0200. During after hours phone the Elko Interagency Dispatch Center at 775-748-4000.) ACKNOWLEDGEMENT:
I have read, understand, and agree to
abide with the above listed additional stipulations as well as those
found on the reverse side of the Special Recreation Permit.
For violations on BLM land contact the Elko Field Office at 775-753-0200 or 775-748-4000 and ask for a Law Enforcement Ranger.
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