Make Your Guiding Business Legit: Licenses and Permits

You’ll have to contact the Forest Service office in the area where you want to guide. They will determine whether your activity meets their pre-application screen requirements for special uses:

• The proposed use is consistent with federal, state, and local laws, regulations, orders, and policies that apply to national forests and grasslands;
• The proposed use is consistent or can be made consistent with the Forest Plan that established standards and guidelines for management of the land where the activity will take place;
• The proposed use will not create a serious and substantial risk to public health or safety;
• The proposed use will not create an exclusive or perpetual right of use or occupancy;
• The proposed use will not unreasonably conflict or interfere with administrative use by the Forest Service, other authorized existing uses, or uses of adjacent non-NFS lands;
• The proponent must not owe any fees to the Forest Service from a prior or existing special-use authorization;
• The proposed use does not involve gambling or providing of sexually-oriented commercial services, even if permitted under state law;
• The proposed use does not involve military or paramilitary training or exercises, unless such training is federally funded;
• The proposed use does not involve disposal of solid waste or disposal of radioactive or other hazardous substances.
• If you meet the initial screening requirements, the Forest Service administrator will provide guidance on what information will be required to complete your application. If your proposed event does not meet the screening requirements you will be notified that the proposal, as submitted, is denied.

A proposal that passes the initial screening proceeds to second-level screening. Your proposal will be accepted as an application if it meets all of the following:

• The proposed use would be consistent or compatible with the purposes for which the lands are managed; and
• The proposed use would be in the public interest; and
• The proponent is qualified; and
• The proponent can demonstrate technical or financial capability to undertake the use and fully comply with the terms and conditions of the permit; and
• There is someone authorized by the proponent to sign a permit or there is someone willing to accept the responsibility of the terms and conditions of the permit. Upon satisfactory passing of this screen the Forest Service will process your request

Planning Process

The U.S. Forest Service establishes needs, use, capacity, and allocation levels for guides and outfitters prior to issuing any new permits. When they conduct a “needs assessment,” they look at “accessibility, size, difficulty of the terrain, current levels of outfitting and guiding, and demographics of visitors to the area” (CRS).

If there’s a potential for adverse impacts on the land, then the Forest Service will conduct a “resource capacity analysis” to determine how much use the land can take without detrimental environmental and associated impacts.

After those two assessments, the Forest Service chooses who gets the permits. This gets split up between non-outfitted visitors and commercial guides and outfitting operations. It can also get divvied up between priority use and temporary use permits.

Permit Terms and Fees

The Forest Service authorizes guides and outfitters through two types of Special Use Authorizations: (1) Priority Use Permits and (2) Temporary Use Permits.

Priority Use Permits: Intended for ongoing commercial guide and outfitter operations and are issued for a period of up to 10 years (as long as no new businesses come in). If a new business also wants a certain, limited permit, the Forest Service can issue a prospectus to applicants and select the guide or outfitter competitively.

Selection criteria: The kind and quality of service proposed, applicant experience, verification of financial resources, and potential fees returned to the federal government.

Temporary Use Permits: For operators who need a one-time or short-term use of Forest Service Lands. They’re not eligible for renewal.

Fees: According to CRS, “commercial guides and outfitters operating under a priority use permit pay FS a landuse rental fee of approximately 3% of their adjusted gross revenue (defined by FS as “gross revenue and revenue additions less applicable exclusions”).”

Insurance and Liability

Forest Service policies require general liability insurance for “permittees based on the likelihood and severity of injury.” Minimum limits start at $300,000 aggregate coverage for low-risk activities (e.g., backpacking, Nordic skiing, nature hikes).

There isn’t a service-wide policy for the use of liability waivers for commercial recreation operators, but some Forest Service regions prevent permit holders to require their customers to sign liability waivers. Instead, some allow commercial outdoor guides to require visitor acknowledgement-of-risk (VAR) forms (they have to be approved by the Forest Service).

Check with your Forest Service Office to verify what insurance and liability they require and prevent.