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by David C. Gray, ACA Government Relations Counsel
Camps often utilize Federal lands as part of camp operations and programming.
Organized day trips, canoeing, rafting, and backpacking are typical uses
by for-profit and not-for-profit camps alike. While most camps use public
lands as a tangential component of camp operations, a significant number
are physically located on public land, or use public lands as an essential
and integral component of camp. Each type of camp operation may have separate
permitting requirements depending upon the activity involved, duration,
and other factors peculiar to the area.
Federal Agency Operation
In attempting to get a handle on the rules and procedures governing federal
land use by camps, it is critical to first understand the decentralized
nature of the managing agencies. Most camp uses will fall under the management
control of the USDA Forest Service, the National Park Service, or the
Bureau of Land Management. All these agencies grant broad discretion to
their field management personnel to manage the local resources. Subject
to separate and distinct service regulations, management personnel actually
have, and do exercise a great deal of discretion with respect to the lands
they manage.
For example, field personnel generally have authority to implement a
blanket moratorium on issuance of new permits. At the other end of the
spectrum, they can grant special use permits which would otherwise exceed
use quotas, on a case by case basis. Justification rests with the need
to respond to emerging conditions which can be peculiar to the ecosystem,
habitat, or public demand for the particular area involved.
All this flexibility comes with a price tag. A substantial amount of
public confusion and frustration is acknowledged by the agencies. Each
has their own rules and management personnel, who can rotate assignments
on a frequent basis. Lands which are physically adjacent, can have radically
different access rules. The situation is exacerbated by increasing demand
for public use of a finite public resource. The agencies are projecting
well over 1 billion visits annually to public lands by 2004.
Definitions
For purposes of group use permitting, camps are considered to be either
commercial or non-commercial. Objective criteria are used to determine
the nature of the use. One standard test inquires if there is a fee to
a participant for a service, or whether personnel are paid or are volunteers.
Thus a church camp or 4-H camp operating on a shared expense basis, with
volunteer staff, would be considered non-commercial. Non-commercial uses
are typically handled in the same manner as the public at large, which
is generally less restrictive. For example, the Forest service allows
non-commercial groups of up to 75 persons general access without permit,
subject only to whatever local restrictions might exist.
For-profit camps and many not-for-profit camps which are considered in
many respects to operate as traditional "business" operations,
are considered "commercial". Again, the agencies often look
at the nature of fees charged participants, and whether an employer-employee
relationship exists when determining classification. Once a camp is determined
to be "commercial", permits are frequently required, particularly
for uses in popular areas.
Permits
There is no standardized permit application procedure, and
fees vary widely. Camps seeking
use of federal lands should first contact the local management authority
to determine if
a permit is indeed required. An important consideration often overlooked
by those seeking permits is the importance of person to person contact.
This is especially important in high demand areas where
the number of applicants exceeds available "slots."
Tips
The ACA Memorandum of Understanding with the USDA Forest
Service is a valuable tool available to camps to help develop better relations
with Forest Service personnel. Developed to assist camps in their dealings
with field personnel, the MOU encourages partnerships, and highlights
the ACA Outdoor Living Skills program. The document binds neither party,
but acknowledges a state of mutual cooperation at a national level, of
which field personnel may not be aware. Many camps have submitted a copy
of the MOU with their permit applications with favorable results. Camps
can download a copy of the MOU from the legislative section of ACA's home
page at http://www.aca-camps.org/liaag.htm.
Another important consideration is to always request, where
possible, advance written authority for proposed activities. Local rules
can and do change, as do field personnel. In one known instance, a camp
arrived at a National Forest with van loads of children, only to be denied
access that was verbally granted by a since reassigned forest supervisor.
Don't let this happen to you. Get it in writing!
In all use areas, but particularly high demand areas where
obtaining permits has become difficult, camps need to become more directly
involved in the public outreach efforts of management. For example, forest
management plans, which set guidelines for forest usage, are often the
ultimate determiner of whether a National Forest permit is issued. These
plans are reviewed in public forums every five years, and camps that are
affected are strongly encouraged to become involved. Camps which are successful
in incorporating camp programming into a forest management plan will have
that much greater chance of obtaining the desired access. Senior land
management officials have stressed to ACA the importance of camp involvement
at this level.
Challenges
ACA has become aware that some National Parks and Forests
have entered into contractual arrangements with outfitter and guide companies
who claim exclusivity with respect to providing guiding, backpacking,
canoeing and rafting services to the public. "Commercial" camp
operations desiring to operate in these areas are being told to contract
with the "concessionaire", who in at least some instances have
sought exorbitant fees. Reports of perceived abuses, with copies of concession
fee schedules, should be promptly forwarded to ACA Headquarters so that
National Park and Forest administrative management and, if necessary Members
of Congress, can be notified.
In addition to the fees associated with user permits, many
parks and forests are implementing additional user fees to bolster local
maintenance dollars, including parking fees and trail head admission fees.
Camps should inquire about parking fees, if any, and the
manner in which they are calculated. These fees can be assessed on a per
vehicle basis, or a per head basis. Substantial fees for vans and busses
have been reported at some areas. Camps may wish, where feasible, to shuttle
in, or park elsewhere and hike in. National Parks and Forests do sell
admission "passports" which carry significant admission benefits.
Camps may wish to review the terms of these programs for potential cost
savings.
The National Park Service has a policy of not charging admission
to persons under 16. The Forest service has an informal policy to the
same effect. Inquiries have revealed, however, that these policies in
practice may not be universally recognized. Camps should inquire in advance
as to the policy for admission of campers under age 16, and politely question
fees imposed on children. Remember that while admission fees may not apply
to children, other user or service fees may still apply.
Camps which are physically located on public lands have
an additional set of issues with which to contend. The Office of Management
and Budget has dictated that "fair market value" at "best
use" be assessed against all leases of public lands, and that valuation
reviews occur on a regular basis. In many cases, from a practical perspective,
determining fair market value of a camp can be difficult given the lack
of fair value comparisons. Some camps with the most basic facilities have
been deemed equivalent in value to nearby luxury resorts, and at least
one camp experienced a short notice increase in annual site rental of
1,000%!
Not-for-profit camps with facilities on public lands are
typically eligible for site rental offsets based upon the level of provision
of services to underprivileged children. There is also some authority
for negotiated offsets for in-kind contributions of value, such as camp
assistance in land or trail maintenance.
Trends
New Federal land management trends are becoming apparent,
which should result in future improvement in efficiency and services.
The Forest Service and Bureau of Land Management have joined together
to automate Internet reservation systems for non-commercial uses. Further
expansion and standardization of permitting systems are under consideration.
Greater inter-agency cooperation is a likely outcome, as agencies begin
to realize savings in manpower.
Greater political emphasis on public land recreation is
also becoming a reality. As public demand for use of federal lands increases,
greater management emphasis on recreation, carefully balanced against
conservation management, will be the order of the day. The more vocal
and involved our camps become in the overall process, through personal
interaction with public land management personnel, and involvement in
related public forums, the greater role camps will have in the use of
these precious resources in the years to come.
Originally published in the 1998 Spring issue
of The CampLine.
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