Special Uses Recreation Events

Recreation special use permits are authorizations issued by the Forest Service to conduct commercial recreation activities on National Forest system lands. A commercial recreational use or activity is defined as:

Any use or activity on National Forest System lands (a) where an entry or participation fee is charged, or (b) where the primary purpose is the sale of a good or service, and in either case, regardless of whether the use or activity is intended to produce a profit. (36CFR 251.51)

Examples of recreation events include, but are not limited to races, bicycle, motocross, or triathalon races; jeep rallies; dog trials; fishing contests; rendezvous; adventure games; youth treks; wagon trains; concerts; and other similar events. A permit is required for these type of events, regardless of the number of people involved in the activity.

Insurance and bonds

A specific legal entity must be identified as the permit holder.  A performance bonds may be required when needed to ensure return of the site to a satisfactory condition. Permit holders are required to furnish or arrange for appropriate liability insurance, law enforcement, crowd control, safety, and sanitation.

In addition, the forest Service will require the permit Holder to provide Liability insurance and have the “United States of America” as an Insured party. The amount of Liability insurance will be disclosed before permit is awarded.   

Waivers and Acknowledgement of Risk Forms

Insurance companies often require that their policy holders use Waivers of Liability and/or Acknowledgement of Risk forms.  Even when not an insurance company requirement, special use authorization holders frequently require that their customers sign one or both of these forms before participating in an activity provided by the holder.  The National Forests In Florida will be complying with the following policy direction:

  1. Appropriately worded Acknowledgement of Risk forms required by insurance companies or special use authority holders are acceptable [Sample (doc)]. 
  2. Do not permit use of Waiver of Liability forms [Sample (doc)] except for high risk recreation events, such as enduros, road rallies, equestrian events, hang-gliding contests, and so forth.  Many of the forms used for these purposes are unacceptable, because they would have the participant release the U.S. Government from liability for its own negligence. This conflicts with the intent of Congress in the Federal Tort Claims Act, which makes the Federal Government liable for the negligence of its officers and employees acting within the course and scope of their employment. Additionally, these forms may be at variance with state law.

We will not be allowing these forms for guiding where there is a guide in full custody and control of their clients.

Land use Fee for Event

The fee is 5 percent of adjusted gross receipts (gross revenue less cost to holder of prizes awarded) for one-time events and 3 percent for multiple events under a single permit.  The minimum fee is $73.00 per event(This number varies every year depending on market value).

Gross Revenue includes all of the following:

  • Event Charges: Fees charged to participate in the event and/or fees charged to spectators to view the event, if applicable.
  • Vendor Fees/Sales: Includes, but not limited to, sales from concession stands, raffles booths, etc.  Only include vendors that are located on NFS Lands.
  • Discounts: Portion of fees that either the participants, spectators, or sponsors were not required to pay.
  • Gratuities: The value of privileges that are not available to the general public and that are donated or provided without charge to the organization or individuals.  For example, but not limited to, a fee entry ($500) to the race for a European Bike Team.
  • Sponsorship Fees: A fee each sponsor pays in order to be a part of the event and/or to advertise their product(s) such as, but not limited to, shoes, boats, etc. For example, but not limited to, a sponsor such as Nike or Bass Boat Company, etc. pays the permit Holder $100 to place their product in the event area, or an advertising banner in the vendor area. Only include those that are located on NFS lands.

Prizes:  "A reward for victory or superiority, as in a contest or competition." (Random House Dictionary).
Prizes include:

  • Cash prizes awarded.
  • Cost of merchandise prizes, such as 1st, 2nd, and 3rd place.
  • Cost of trophies.

Prizes are not souvenirs such as, but not limited to, T-shirts, ball caps, socks, pens, tote bags, etc. given to all participants entered into the event.

The Holder must provide receipts to verify costs of all merchandise prizes and trophies. 

Donated prizes cannot be deducted from Gross Revenue.

 

Cost Recovery Fees

The cost recovery fee covers the administrative and personnel costs associated with issuing the permit. If the permit takes more than 50 hours to process or monitor these fees apply.

 

Documents to be filled and sent to the Special Use Permit Administrator:

Submit all proposals and applications at least 90 days ahead of your intended start of operations.