B08_Attachment_5_Camping_Permit_Terms_Conditions_VallesCaldera_2024.docx

Valles Caldera National Preserve Trespass Cattle Wrangling Services Camping Permit Terms and Conditions

GENERAL TERMS & CONDITIONS

1. The Permittee must perform the work or conduct the activities authorized by this permit in accordance with the permit’s terms and conditions and in accordance with all applicable federal, state, or local law, including the regulations in 36 C.F.R. chapter I; the regulations in 43 C.F.R. part 5; and all applicable workplace-safety and public-health orders, rules, and requirements. If the Permittee fails to do so, then the Superintendent of Valles Caldera National Preserve (Superintendent) may immediately suspend or revoke this permit without notice.

2. The Superintendent may immediately suspend or revoke this permit without notice if destruction of, loss of, or injury to any park property or resource has occurred, is occurring, or appears imminent. In accordance with the System Unit Resource Protection Act, 54 U.S.C. §§ 100721-100725, any person that destroys, causes the loss of, or injures any park system unit resource will be liable to the United States for response costs and damages resulting from the destruction, loss, or injury.

3. The Superintendent may revoke this permit at any time after providing 24 hours’ written notice to the Permittee setting forth the reasons for the revocation.

4. If this permit is revoked for any reason or upon its expiration, the Permittee must repair all damage to park property or resources in accordance with the Superintendent’s direction and must restore the Permitted Area to its original, pre-permit condition.

5. The Permittee must obtain all federal, state, or local permits, licenses, inspections, or other reviews or approvals legally required to perform the permitted work or conduct the permitted activities.

6. This permit does not grant the Permittee exclusive use of the Permitted Area. Unless the Superintendent restricts public access to or closes the Permitted Area in accordance with 36 C.F.R. § 1.5, the Permitted Area will remain open to the public to the same extent that it is open to the public during regular park visiting hours, and the permitted work or activities may not unduly interfere with the public’s use and enjoyment of the Permitted Area.

7. This permit may not be transferred or assigned to another party without the Superintendent’s prior written approval.

8. The Permittee waives all demands, claims, and causes of action against the United States and its officers, employees, agents, and representatives, and releases the United States and its officers, employees, agents, and representatives from all liability, arising out of or resulting from the permitted work or activities. The National Park Service issues this permit upon the express condition that the United States and its officers, employees, agents, and representatives will be free from all liability of any sort whatsoever arising out of or resulting from the permitted work or activities. Accordingly, the Permittee hereby agrees to indemnify, defend, and save and hold harmless the United States and its officers, employees, agents, and representatives from and against all liability of any sort whatsoever arising out of or resulting from the permitted work or activities.

9. If the Superintendent requires liability insurance as a condition of issuing this permit, then the Permittee must obtain general liability insurance against claims occasioned by the acts or omissions of the Permittee and its officers, employees, agents, representatives, and contractors while performing the work or conducting the activities authorized by this permit. The policy must be in the amount of $___________ per occurrence and $___________ aggregate; must be issued by a company licensed to do business and in good standing in New Mexico; and must name the United States of America as an additional insured. The Permittee must provide the Superintendent with a Certificate of Insurance with the proper endorsements before the permit’s effective date.

10. If the Superintendent requires a bond as a condition of issuing this permit, then the Permittee must deposit with the Park, before the effective date of this permit, a bond in the amount of $____________ from a bonding company licensed to do business and in good standing in New Mexico or in the form of cash or cash equivalent, to guarantee that all financial obligations to the Park will be satisfied.

11. As authorized by 54 U.S.C. § 103104 or 54 U.S.C. § 100905 and in accordance with other applicable law and policy, the National Park Service will recover all costs of providing necessary services associated with this permit, including the costs of administering the permit and monitoring the permitted work or activities. The National Park Service may bill the Permittee for either actual costs or estimated costs. Payment is due at the time of billing. If the National Park Service bills the Permittee for estimated costs, and actual costs exceed the estimated amounts, then the National Park Service will bill the Permittee for the excess. If the National Park Service bills the Permittee for estimated costs, and actual costs are less than the estimated amounts, then the National Park Service will refund the difference to the Permittee after the permitted work or activities have concluded and the permit has expired or been terminated. Under no circumstances will the National Park Service be liable for interest on any refunded amount.

12. T The Permittee designates [INSERT NAME AND PHONE] as the on-site person responsible for adherence to the permit’s terms and conditions. The on-site person must have full authority to make all decisions about the permitted work or activities; must be reachable at all times; and is responsible for all persons or entities performing the permitted work or activities, including the Permittee’s contractors and subcontractors.

13. Nothing in this permit binds the National Park Service to expend in any one fiscal year any sum in excess of appropriations made by Congress or allocated by the National Park Service for the purpose of this permit, or to involve the National Park Service in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations.

14. If any provision of this permit is found to be invalid or unenforceable, the remaining provisions of this permit will not be affected and may be enforced to the full extent authorized by applicable law.

15. Use of the National Park Service Arrowhead Symbol is governed by 36 C.F.R. part 11. The Arrowhead Symbol is the official emblem and a registered trademark of the National Park Service. The National Park Service must authorize any use of the Arrowhead Symbol, including incidental use. Using the Arrowhead Symbol for advertising, promotional, or other commercial purposes is prohibited. Unauthorized use of the Arrowhead Symbol may subject an individual to criminal penalties under 18 U.S.C. § 701.

16. Approval of the special use permit does not constitute and should not be construed as a Government endorsement of the permittee's views, activities, products, goods, services, or enterprise. The permittee shall not refer to special use permits awarded by the National Park Service for commercial purposes, in advertising, or in a manner which states or implies that, by issuing the special use permit, the views, activities, products, goods, services, or enterprises undertaken pursuant to this permit are approved of or endorsed by the Government.

17. Credit Lines may be approved through additional terms and conditions.

18. Federal regulations prohibit any person from knowingly giving false information on an application for a permit and from knowingly giving a false report for the purpose of misleading a government employee or agent in the conduct of official duties. 36 C.F.R. §§ 2.32(a)(3) and 2.32(a)(4). Any violation of those regulations will result in this permit’s immediate revocation.

EMERGENCIES AND INCIDENTS

19. Emergency procedures: The permittee will immediately report life-threatening incidents, whether involving the permittee’s group or other parties, by calling a 911 operator. The park is located in Sandoval County at 39201 NM-4 or Mile Marker 39.

20. Reporting accidents/injuries: The permittee is required to formally report all incidents involving an accident, collision, fire, or injury within twenty-four (24) hours to NPS law enforcement staff through NPS Glen Canyon Dispatch at 928-608-6301, regardless of the extent of damages.

PARK-SPECIFIC TERMS & CONDITIONS

General

21. The use of unmanned aircraft (drones) is prohibited. The airspace over the park is regulated and administered by the Federal Aviation Administration (FAA). A minimum 500 foot Above Ground Level (AGL) is required for all aircraft. All aircraft are prohibited from landing in the park.

22. This permit does not grant permission to enter any closed buildings or areas.

23. Vehicles must stay on the established roadways and parking areas. The permittee must adhere to all speed limits (20 MPH on open roads, 10 MPH near the Valle Grande entrance station and Baca Ranch Cabin District) and traffic conditions. Off-road travel is prohibited. Motorized wheeled vehicles and/or carts of all types are prohibited on trails. Vehicle access on unpaved roads may be restricted following weather disturbances to prevent resource damage.

24. This permit does not grant exclusive use of an area. Parking lots and pullouts utilized will not interfere with use of same area by visitors. No more than one half of any lot or pullout may be occupied by the permittee, with free traffic flow for visitors remaining unhindered through the entire lot. Disrupting or stopping vehicle traffic longer than twenty (20) minutes is prohibited. Traffic control is required and will be managed by NPS personnel.

25. The permittee is responsible for the daily off-site removal of all waste accumulated during the activity.

26. Collection of plants, minerals (including obsidian), antlers, and cultural artifacts is strictly prohibited. Natural and cultural features will not be disturbed, damaged, altered or removed from the park. This includes cutting, tying and/or removing vegetation. Wildlife will not be harassed, harmed, disturbed, or fed. Photographing/filming of wildlife is permitted only when wildlife is viewed in its natural state.

27. Digging, excavation, or other disturbance to the ground surface is prohibited without prior authorization from the Superintendent.

28. The use of campfires in the park is prohibited.

29. The permittee is responsible for any cleanup costs required as a result of spills or accidents resulting from activities during the permit. The permittee is also responsible for any costs and charges associated with the restoration of the resources due to disturbed natural, cultural, and/or historic resources. Cleanup will be conducted in accordance will all applicable federal and state environmental laws.

30. Government equipment may not be loaned, rented, or diverted from normal use for the purpose of the permit.

31. With the exception of service animals, all domestic animals and pets are prohibited in backcountry areas and on hiking trails. Pets on leash are permitted within the Baca Ranch Cabin District and on the following hiking trails: Coyote Call, La Jara, and Valle Grande trails.

32. The park entrance gate is open from 9:00 am - 5:00 pm after Labor Day weekend until Memorial Day weekend (September - May) and 8:00 am - 6:00 pm from Memorial Day weekend through Labor Day weekend (May – September), unless otherwise posted. Entry and/or exit to/from the park outside of these hours will be coordinated with the NPS permit representative. Some delays may be experienced entering or leaving the park after normal operating hours.

33. First aid and personal safety are the responsibility of the permittee.

34. Smoking is prohibited except within a personal motor vehicle. The use of electronic cigarettes is considered smoking, and same rules apply.

35. A signed copy of this permit and conditions must be in the possession of the person in charge and the park-provided vehicle permit must be placed on the dashboard of each vehicle associated with this permit.

36. The activity may be canceled subject to weather-related conditions or other park closures.

PRIMITIVE DRY CAMPING (BANCO BONITO)

37. Campsites may be set up in the open parking area or within 100 feet inside tree line. RVs, trailers, etc. are restricted to the open parking area only.

38. Personally-owned gas and electric grills are allowed. Wood or charcoal fires of any type are prohibited.

39. All trash must be packed out and disposed of. Burning, burying, or leaving trash or toilet paper is prohibited. Leaving trash in bear boxes after vacating the premises is prohibited.

40. All food, garbage, and any scented articles (e.g., toothpaste, lip balm, insect repellent, first aid kits, etc.) must be properly secured day and night in an NPS-provided bear box. When using the bear box pace all required items in the box and lock it. Securing food and other scented items in a passenger vehicle/truck is prohibited as bears and other animals can break into the vehicle.

41. Vehicle use beyond the parking area is prohibited.

42. Washing dishes and bathing must occur at least 100 feet away from any water source using small amounts of biodegradable soap. Scatter strained dishwater.

43. The use of vault toilet or personal restroom in RV/camp trailers is required while in the Banco Bonito Camping area.

44. Pets are prohibited at the Banco Bonito camping area.

45. A generator may only be use with a drip/containment barrier.

46. The permittee must adhere to campground quiet hours (10:00 pm – 6:00 am). Generators may not be operated during quiet hours.

47. The use of an awning or tent is authorized. The supporting poles must be secured with weights (sandbags, barrels of water, etc.) The use of stakes is prohibited.

48. The permittee is required to camp in designated camping area [INSERT #].

BACKCOUNTRY DISPERSED CAMPING (TENT ONLY)

49. Overnight tent camping is permitted in the backcountry of the park. Camping using an RV, travel trailer, pop-up, horse trailer with living quarters, or similar equipment is only permitted at Banco Bonito.

50. Overnight tent camping may be restricted due to environmental conditions.

51. Backcountry camping is authorized under this permit. The permittee must provide the NPS permit coordinator with GPS coordinates of all backcountry campsite locations used to help inform the future establishment of designated backcountry campsites.

52. Camping within a half-mile of any road or trail is prohibited.

53. Campsites must be located on durable surfaces at least 100 feet from any water source and 300 feet from other campers. When possible, the permittee should camp in previously used campsites. The permittee may not make campsite “improvements.”

54. All food, trash, clothing, equipment, and other personal items must be packed out. Burning, burying, or leaving trash or toilet paper is prohibited.

55. Wood or charcoal fires of any type are prohibited. Containerized fuel stoves and woody biomass-based cooking stoves are permitted.

56. All food, garbage, and any scented articles (e.g., toothpaste, lip balm, insect repellent, first aid kits, etc.) must be properly secured day and night in an animal resistant food canister. When using a canister, place all required items in the container, lock the lid, and leave it 50-100 feet from the campsite. Securing food and other scented items in a vehicle/truck is prohibit as bears and other animals can break into the vehicle. Canisters are available for rent at the park entrance station.

57. Washing dishes and bathing must occur at least 100 feet away from any water source and using small amounts of biodegradable soap. Dishwater should be strained and scattered.

58. Deposit solid human waste in catholes dug 6-8 inches deep at least 100 feet from water, camp, and trails. Cover and disguise the cathole when finished. Pack out toilet paper and hygiene products.