Clackamas River Fire Closures
American Whitewater, Oregon Outfitters and Guides Association, Blue Sky Whitewater Rafting, Clackamas River Outfitters, River Drifters, and Northwest River Guides/eNRG Kayaking wrote to the US Forest Service regarding our interest in the Clackamas River for recreational boating. We are concerned with the Clackamas River Ranger District Fire Closure that was signed on October 28th, 2020 in response to the Riverside Fire, and that remains in effect with insufficient public engagement. This closure inhibits access to the Clackamas Wild and Scenic River for recreational river users and those with businesses who provide outfitting and guiding opportunities on the river.
We are requesting that the Forest Service meaningfully engage the public and affected parties to provide an opportunity for input on this action. We further request a site tour prior to any decision to extend the Closure Order beyond the current expiration date of April 1, 2021. Key stakeholders that include paddlers, guides and outfitters, Portland General Electric, Oregon State Marine Board, and other relevant groups should be given an opportunity to plan a tour of the Clackamas River access sites in order to assess conditions and determine what work needs to be completed and to be able to assess the future recreation experiences that might exist for the quickly approaching spring/summer recreation season. See our letter below:
American Whitewater, Oregon Outfitters and Guides Association, Blue Sky Whitewater Rafting, Clackamas River Outfitters, River Drifters, and Northwest River Guides/eNRG Kayaking wrote to the US Forest Service regarding our interest in the Clackamas River for recreational boating. We are concerned with the Clackamas River Ranger District Fire Closure that was signed on October 28th, 2020 in response to the Riverside Fire, and that remains in effect with insufficient public engagement. This closure inhibits access to the Clackamas Wild and Scenic River for recreational river users and those with businesses who provide outfitting and guiding opportunities on the river.
We are requesting that the Forest Service meaningfully engage the public and affected parties to provide an opportunity for input on this action. We further request a site tour prior to any decision to extend the Closure Order beyond the current expiration date of April 1, 2021. Key stakeholders that include paddlers, guides and outfitters, Portland General Electric, Oregon State Marine Board, and other relevant groups should be given an opportunity to plan a tour of the Clackamas River access sites in order to assess conditions and determine what work needs to be completed and to be able to assess the future recreation experiences that might exist for the quickly approaching spring/summer recreation season. See our letter below:
2021 Oregon Legislative Issues
Here is what we are tracking in 2021:
HB 2171
Directs Oregon Conservation and Recreation Advisory Committee to consult with Office of Outdoor Recreation when making recommendations regarding use of Oregon Conservation and Recreation Fund moneys.
Current Committee: House Committee On Agriculture and Natural Resources Committee
Meetings: No Meetings Currently Scheduled
HB 2549
Requires agencies to send copies of reports on public access sites to State Marine Board and for board to make reports public, including by hosting map of reported sites on website.
Current Committee: House Committee On Agriculture and Natural Resources
Committee Meetings: No Meetings Currently Scheduled
HB 2593
Permits Office of Emergency Management to enter into agreement with nonprofit organization representing sheriffs under which organization is authorized to administer program to produce and sell outdoor recreation search and rescue cards.
Current Committee: House Committee On Veterans and Emergency Management Committee
Meetings: No Meetings Currently Scheduled
HB 2600
Provides that stated percentage of revenue from state transient lodging tax be transferred to Oregon Conservation and Recreation Fund.
Current Committee: House Committee On Agriculture and Natural Resources
Committee Meetings: No Meetings Currently Scheduled
HB 2672
Establishes Ocean Beach Fund. Directs amount of transient lodging tax revenues from state recreation area lodgings along ocean shore received by State Parks and Recreation Department to Ocean Beach Fund. Directs department to spend moneys from fund for expenses of managing state recreation areas along ocean shore.
Current Committee: House Committee On Agriculture and Natural Resources
Committee Meetings: No Meetings Currently Scheduled
HB 2777
Directs State Marine Board to provide optional licensing of boats as charter boats if boat carries fewer than seven passengers for hire.
Current Committee: House Committee On Agriculture and Natural Resources
Committee Meetings: No Meetings Currently Scheduled
SB 289
Directs office of Governor, in consultation with Racial Justice Council's Environmental Equity Committee, to study laws related to environment and provide results to interim committees of Legislative Assembly no later than September 15, 2022.
Current Committee: House Committee On Agriculture and Natural Resources
Committee Meetings: No Meetings Currently Scheduled
SB 367
Allows State Parks and Recreation Department to enter into agreement with Willamette River Channel Maintenance Group for performance of maintenance needed to improve river navigability and safety, to improve marine access to public parks, landings and other accesses and to encourage tourism and transportation.
Current Committee: Senate Committee On Natural Resources and Wildfire Recovery
Committee Meetings: No Meetings Currently Scheduled
SB 407
Establishes Outdoor Therapy Grant Program within State Parks and Recreation Department for purpose of awarding grants to enhance outdoor environmental, ecological, agricultural or other natural resource-based therapy programs serving residents of this state.
Current Committee: Senate Committee On Human Services, Mental Health and Recovery
Committee Meetings: No Meetings Currently Scheduled
SJR 5
Proposes amendment to Oregon Constitution establishing right to clean and healthy environment and to preservation of natural, cultural, scenic, recreational and healthful qualities of environment.
Current Committee: Senate Committee On Energy and Environment
Committee Meetings: No Meetings Currently Scheduled
Here is what we are tracking in 2021:
HB 2171
Directs Oregon Conservation and Recreation Advisory Committee to consult with Office of Outdoor Recreation when making recommendations regarding use of Oregon Conservation and Recreation Fund moneys.
Current Committee: House Committee On Agriculture and Natural Resources Committee
Meetings: No Meetings Currently Scheduled
HB 2549
Requires agencies to send copies of reports on public access sites to State Marine Board and for board to make reports public, including by hosting map of reported sites on website.
Current Committee: House Committee On Agriculture and Natural Resources
Committee Meetings: No Meetings Currently Scheduled
HB 2593
Permits Office of Emergency Management to enter into agreement with nonprofit organization representing sheriffs under which organization is authorized to administer program to produce and sell outdoor recreation search and rescue cards.
Current Committee: House Committee On Veterans and Emergency Management Committee
Meetings: No Meetings Currently Scheduled
HB 2600
Provides that stated percentage of revenue from state transient lodging tax be transferred to Oregon Conservation and Recreation Fund.
Current Committee: House Committee On Agriculture and Natural Resources
Committee Meetings: No Meetings Currently Scheduled
HB 2672
Establishes Ocean Beach Fund. Directs amount of transient lodging tax revenues from state recreation area lodgings along ocean shore received by State Parks and Recreation Department to Ocean Beach Fund. Directs department to spend moneys from fund for expenses of managing state recreation areas along ocean shore.
Current Committee: House Committee On Agriculture and Natural Resources
Committee Meetings: No Meetings Currently Scheduled
HB 2777
Directs State Marine Board to provide optional licensing of boats as charter boats if boat carries fewer than seven passengers for hire.
Current Committee: House Committee On Agriculture and Natural Resources
Committee Meetings: No Meetings Currently Scheduled
SB 289
Directs office of Governor, in consultation with Racial Justice Council's Environmental Equity Committee, to study laws related to environment and provide results to interim committees of Legislative Assembly no later than September 15, 2022.
Current Committee: House Committee On Agriculture and Natural Resources
Committee Meetings: No Meetings Currently Scheduled
SB 367
Allows State Parks and Recreation Department to enter into agreement with Willamette River Channel Maintenance Group for performance of maintenance needed to improve river navigability and safety, to improve marine access to public parks, landings and other accesses and to encourage tourism and transportation.
Current Committee: Senate Committee On Natural Resources and Wildfire Recovery
Committee Meetings: No Meetings Currently Scheduled
SB 407
Establishes Outdoor Therapy Grant Program within State Parks and Recreation Department for purpose of awarding grants to enhance outdoor environmental, ecological, agricultural or other natural resource-based therapy programs serving residents of this state.
Current Committee: Senate Committee On Human Services, Mental Health and Recovery
Committee Meetings: No Meetings Currently Scheduled
SJR 5
Proposes amendment to Oregon Constitution establishing right to clean and healthy environment and to preservation of natural, cultural, scenic, recreational and healthful qualities of environment.
Current Committee: Senate Committee On Energy and Environment
Committee Meetings: No Meetings Currently Scheduled
Oregon Legislative Changes in 2020
Helmet Law
Requires river outfitters to make helmets available to customers on class III or above. The offer of helmets can occur prior to the activity during the reservation or registration process. Helmets for all do not need to be carried on a trip if helmets were declined ahead of time. Lacking a U.S. standard, OSMB has adopted a European standard (CE EN 1385). We have been researching helmets commonly purchased by outfitters and have only found one that does not comply.
Approved Helmets
Tronton Helmets
Shred Ready Helmets
NRS Havoc & Chaos Helmets
Pro-Tec Helmets
Wanderer Helmet from Cascade River Gear
Sir Panda and other watersports helmets from Licper
Hardcap 3.1 Helmet from ION
Predator Full-Cut Helmet
Typhoon Kayak Watersport Helmet
Not Approved Helmets
Rafting Helmet by RiverGear from Man of Rubber
Livery Registration
Livery operations are now required to register as such with OSMB. The registration is good for two years. There are no extra fees or reporting procedures associated with this.
Waterway Access Fund
This is a new registration fee for non-motorized boats 10' or longer which replaces the Invasive Species Permit and includes fees for a fund to be used for improving non-motorized boating facilities and programs. You are exempt from paying this fee if: 1) You operate on a waterway designated as Wild & Scenic, and 2) there is a fee-structure in place. For outfitters and guides, the 3% permit fee qualifies as an exemption. For outfitters with multiple boats, bulk discounts are available.
Helmet Law
Requires river outfitters to make helmets available to customers on class III or above. The offer of helmets can occur prior to the activity during the reservation or registration process. Helmets for all do not need to be carried on a trip if helmets were declined ahead of time. Lacking a U.S. standard, OSMB has adopted a European standard (CE EN 1385). We have been researching helmets commonly purchased by outfitters and have only found one that does not comply.
Approved Helmets
Tronton Helmets
Shred Ready Helmets
NRS Havoc & Chaos Helmets
Pro-Tec Helmets
Wanderer Helmet from Cascade River Gear
Sir Panda and other watersports helmets from Licper
Hardcap 3.1 Helmet from ION
Predator Full-Cut Helmet
Typhoon Kayak Watersport Helmet
Not Approved Helmets
Rafting Helmet by RiverGear from Man of Rubber
Livery Registration
Livery operations are now required to register as such with OSMB. The registration is good for two years. There are no extra fees or reporting procedures associated with this.
Waterway Access Fund
This is a new registration fee for non-motorized boats 10' or longer which replaces the Invasive Species Permit and includes fees for a fund to be used for improving non-motorized boating facilities and programs. You are exempt from paying this fee if: 1) You operate on a waterway designated as Wild & Scenic, and 2) there is a fee-structure in place. For outfitters and guides, the 3% permit fee qualifies as an exemption. For outfitters with multiple boats, bulk discounts are available.
BLM Financial Accounting Requirements
Following new guidelines from the Oregon/Washington BLM, many Districts are now amending permits to include new financial reporting requirements. This stems from the 2014/2015 audits where only 34% of outfitters passed. The next round of financial audits are likely to happen in 2020, so now is a good time to make sure your financial procedures are up-to-date. If you hold a permit on the Deschutes River, you've already received notice that the new requirements are now part of your permit. These requirements will ultimately find their way into all other BLM permits. The BLM does have the right to audit an outfitter's financial records. The overall goal of an audit is to insure that all pertinent revenue is being reported on the post-use-report and fees are being paid on all reportable revenue. In short, the BLM needs to be able to compare bank deposits to fees/fares charged and payments received. If you are charging and receiving payments for items not considered reportable revenue (i.e. retail sales, non-trip-related lodging, etc...) then that must be clearly identifiable as such in your reservation and/or bookkeeping records. This is a complicated and daunting subject (unless perhaps you are a bookkeeper or accountant). The information available below will hopefully help to answer questions and help insure compliance. NOTE: The "Sample Customer Deposit Log" is only an example of the kind of record-keeping the BLM is looking for. You don't necessarily need a report that looks like this. As long as you can clearly connect bank deposits with payments and charges, then you will satisfy the financial accounting requirements.
Documents
The New Financial Accounting Procedures
Sample Customer Deposit Log
Clarification & Definition of Terms
Frequently Asked Questions
Following new guidelines from the Oregon/Washington BLM, many Districts are now amending permits to include new financial reporting requirements. This stems from the 2014/2015 audits where only 34% of outfitters passed. The next round of financial audits are likely to happen in 2020, so now is a good time to make sure your financial procedures are up-to-date. If you hold a permit on the Deschutes River, you've already received notice that the new requirements are now part of your permit. These requirements will ultimately find their way into all other BLM permits. The BLM does have the right to audit an outfitter's financial records. The overall goal of an audit is to insure that all pertinent revenue is being reported on the post-use-report and fees are being paid on all reportable revenue. In short, the BLM needs to be able to compare bank deposits to fees/fares charged and payments received. If you are charging and receiving payments for items not considered reportable revenue (i.e. retail sales, non-trip-related lodging, etc...) then that must be clearly identifiable as such in your reservation and/or bookkeeping records. This is a complicated and daunting subject (unless perhaps you are a bookkeeper or accountant). The information available below will hopefully help to answer questions and help insure compliance. NOTE: The "Sample Customer Deposit Log" is only an example of the kind of record-keeping the BLM is looking for. You don't necessarily need a report that looks like this. As long as you can clearly connect bank deposits with payments and charges, then you will satisfy the financial accounting requirements.
Documents
The New Financial Accounting Procedures
Sample Customer Deposit Log
Clarification & Definition of Terms
Frequently Asked Questions
Non-Permitted Entities & Working with a Third Party
The BLM has recently began focusing on rules and guidelines involving what might be called "partnership" trips. These are trips where you might be working with entities such as non-profits, other outfitters or professional organizations, to conduct trips in areas for which you have a permit, but the other organization does not. In general, the BLM is concerned with: 1) Entities that are advertising trips or programs on federal lands for which they do not have a permit, and are not listing the outfitter conduction the trip. 2) Non-permitted outfitters or entities that are physically running a trip or program under the "umbrella" of a permitted outfitter, and 3) Non-permitted entities who are making a profit from resources for which the are not permitted, and as part of this, revenue is not being reported for fee assessment. We are still working to clarify some aspects of the guidelines and there are many examples and scenarios which still need to be interpreted. We will continue to add more details and clarifications as we get them. In the meantime, if you have specific questions or need clarification on a particular program you are running, please feel free to contact us.
Documents
Third Party Compliance Flow Chart
Sample Notice to BLM of Proposed Partnership Trip
The BLM has recently began focusing on rules and guidelines involving what might be called "partnership" trips. These are trips where you might be working with entities such as non-profits, other outfitters or professional organizations, to conduct trips in areas for which you have a permit, but the other organization does not. In general, the BLM is concerned with: 1) Entities that are advertising trips or programs on federal lands for which they do not have a permit, and are not listing the outfitter conduction the trip. 2) Non-permitted outfitters or entities that are physically running a trip or program under the "umbrella" of a permitted outfitter, and 3) Non-permitted entities who are making a profit from resources for which the are not permitted, and as part of this, revenue is not being reported for fee assessment. We are still working to clarify some aspects of the guidelines and there are many examples and scenarios which still need to be interpreted. We will continue to add more details and clarifications as we get them. In the meantime, if you have specific questions or need clarification on a particular program you are running, please feel free to contact us.
Documents
Third Party Compliance Flow Chart
Sample Notice to BLM of Proposed Partnership Trip
State and Federal Transportation Requirements
Whether you use buses, 15-passenger vans or even smaller vehicles to transport your customers to or from (or as a primary aspect of your trip or tour, state and/or federal motor carrier regulations will likely apply. Vehicles larger than 15-passenger and/or transportation that crosses state lines are generally subject to onerous federal standards. Transportation wholly within the state and utilizing 15-passenger or smaller vehicles may not be subject to federal regulations, but must still follow specific guidelines from the state. For those providing interstate transportation, Federal Motor Carrier Standards will typically apply. Adhering to federal standards can be difficult for small businesses. For intrastate transportation utilizing 15-passenger or smaller vehicles, the requirements are not particularly difficult to follow. In 2016, ODOT warned that they may/will be stopping to inspect vehicles designed for more than 8 passengers - particularly in Maupin and State Parks.
Documents
Summary of Federal Requirements
Summary of State Requirements
15-Passenger Van Requirements Brochure from FMCSA
State Inspection List for Trailers & 15-Passenger Vans (pending)
Whether you use buses, 15-passenger vans or even smaller vehicles to transport your customers to or from (or as a primary aspect of your trip or tour, state and/or federal motor carrier regulations will likely apply. Vehicles larger than 15-passenger and/or transportation that crosses state lines are generally subject to onerous federal standards. Transportation wholly within the state and utilizing 15-passenger or smaller vehicles may not be subject to federal regulations, but must still follow specific guidelines from the state. For those providing interstate transportation, Federal Motor Carrier Standards will typically apply. Adhering to federal standards can be difficult for small businesses. For intrastate transportation utilizing 15-passenger or smaller vehicles, the requirements are not particularly difficult to follow. In 2016, ODOT warned that they may/will be stopping to inspect vehicles designed for more than 8 passengers - particularly in Maupin and State Parks.
Documents
Summary of Federal Requirements
Summary of State Requirements
15-Passenger Van Requirements Brochure from FMCSA
State Inspection List for Trailers & 15-Passenger Vans (pending)
