STIPULATIONS, PERMIT BLM-NV-020-97-10
STIPULATIONS, PERMIT BLM-NV-020-97-10, AS AMENDED 10/1/97
The following stipulations were amended to reflect a requirement of vendor fees from exclusive filming companies who profit from the land speed record. Added are stipulation subparts 8.5.5 and 8.5.6. Signature blocks acknowledging this requirement are found at the end of these stipulations. If you have any additional questions regarding filming, please contact Mary Figarelle (702) 623-1516. For questions concerning this amendment, contact Mike Bilbo (702) 623-1528.
Given the nature of a 1996 land speed record appeal to stay the event by conservation and historical organizations, the 1996 Spirit of America mishap, inadequate spectator/media control during 1996 runs, associated inadequate radio communications, and the failure by both applicants to respond to repeated past requests by BLM for a central organization, the following requirements will be met by the 1997 LSR permit applicants prior to issuance of any permits.
1. GENERAL
1.1 On Special Recreation Application and Permit form, 8370-1, face side, Item #3 - this purpose consists of a detailed Operation Plan that will include:
1.1.1 A Hazardous Materials Response Plan.
1.1.1.1 Detailed will be all hazardous substances, from all sources officially engaged. This will include all fuels, lubricants, paints, coolants and other substances; quantities of same; and attached MSDS sheets. Sources and uses will be detailed, including all vehicles and aircraft officially engaged.
1.1.1.2 The plan will detail how teams will prevent hazardous spills during on-site fueling and maintenance and during runs, and what their actions will be, in accordance with federal requirements, should spills occur at any time while on public lands.
1.1.1.3 For the purpose of LSR on Black Rock Desert public lands, any spilled amount is reportable and all crew and staff must understand this and act responsibly through organizational and BLM protocol in reporting and responding to incidents.
1.1.2 An Emergency Response and Evacuation Plan. The plan will detail entities, such as REMSA, hired for the operation and triage procedures, a succinct communications plan with ground-to-ground and ground-to-air protocols, and media control.
1.1.3 A Security Plan. The plan will detail entities, such as Sheriff's deputies, hired for the operation, overall site coordination and radio communication command and control, specific procedures to control and contain spectators and media during runs and casual Playa visitors before, during and after runs.
1.1.4 A Trash Control, Collection and Disposal Plan. The plan will detail types of trash-collection facilities and pickup schedule, location of standard and hazardous materials dump sites or transfer points to be used.
1.1.5 Precise GPS Facilities and Boundaries Locations coordinates. This includes all areas and facilities, such as campground(s), spectator viewing area, and media and VIP sites. While we know the media site name to be Coyote Springs, it still needs a GPS coordinate. The GPS coordinates will be entered into the BLM GIS for site referencing.
1.2 Permit Item #6 is a detailed accounting of all facilities and areas (maintenance, spectator, control, lanes, camping, catering, tents [ie, maintenance, etc.], and other temporary structures.
1.3 All conditions on the Special Recreation Application and Permit form, 8370-1, reverse side, must be met, with special emphasis on Items #c (at least $1,000,000.00 per occurrence and $50,000.00 property damage), #d (performance bond of $5,000.00), #5 (in lieu of fees, proffer account of $5,000.00 from each permittee to supplement BLM personnel time, fuel and equipment cost recovery [see 8.1 below]), #6 (you must check with Pershing and Washoe counties to insure that any applicable permits have been satisfied [special events permits, vendor food-handling or other requisite certificates or licenses), #12 (make sure insurance shows BLM as co-insured).
1.4 It is mandatory that both SOA and Thrust, although competitors, operate under one combined operational plan or umbrella organization and coordinate their runs. There will not be two separate tracks. Rather, both organizations will share one operating area and must coordinate lane use.
1.5 Permittee is required to strictly control Playa access during runs. No one, including the media, is free to wander about the playa during runs. This stipulation is critical to driver safety - jet car drivers must not be distracted during runs.
1.6 Because unusual attention has been called to the playa as a result of promotional event advertising on the Internet by land speed contenders, Burning Man and other permittees, permittee will inform publics:
1.6.1 On appropriate preparation for the Black Rock Desert region before they travel here.
1.6.2 On Leave No Trace and Tread Lightly programs based on material supplied to the permittee by BLM.
1.6.3 To inquire of Winnemucca BLM for informational materials.
1.6.4 To de-emphasize the region through their Internet sources.
1.7 Permittee will abide by all requirements outlined in The Black Rock Heads-of-Agreement 5/24/97, Thrust Operations Plan, 6/11/97, and Spirit of America Operations Plan, 6/14/97, submitted by the applicants to form the combined Operations Plan.
2. INSURANCE
2.1 Each permittee will maintain a comprehensive liability insurance policy that meets the following criteria:
2.1.1 A minimum of $1,000,000.00 coverage for bodily injury for any one occurrence and $50,000.00 coverage for property damage for any one occurrence.
2.1.2 The permittee will notify the United States, specifically the Winnemucca District Manager, Bureau of Land Management, thirty (30) days prior to cancellation or modification of said policy.
3. SAFETY, HEALTH, AND SANITATION
The permittee agrees to assume all responsibility for public safety and health during any phase of this event. The BLM will randomly check staff knowledge prior to permit authorization.
3.1 SAFETY
3.1.1 Permittee assumes all responsibility for insuring that spectators are kept at a safe distance from the course during runs. Permittee assumes all financial costs for providing this measure of public safety. If the District Manager or Assistant District Manager, Non-renewable Resources, considers that additional spectator monitors and/or law enforcement officers are necessary, he may request this additional assistance with all costs incurred for this additional security to be paid by the permittee.
3.1.2 Permittee will be responsible for all aspects of safety associated with the land speed record attempt, to include driver, crew, sanctioning officials, media, government officials, and spectators.
3.1.3 First aid facilities will be provided by the permittee. These facilities will be adequate to handle any incidents resulting from the event.
3.1.4 Aircraft
3.1.4.1 When aircraft are to be flown in support of operations, Playa closure, etc, permittee will attempt to secure NOTAM(S) from FAA.
3.1.4.2 For Daily Aircraft Waivers
3.1.4.2.1 Contact FAA Reno.
3.1.4.2.2 Contact Offutt Air Force Base (402) 294-2334 for MOA IR-300.
3.1.4.3 All aircraft will strictly adhere to permittee instructions on landing sites and protocol.
3.1.4.4 Violations such as inappropriate flight behavior, will be recorded by aircraft number and forwarded to the FAA. FAA Reno, or other FAA as appropriate, and the BLM, will be notified of violations.
3.1.5 Weather will be closely monitored and permittee will not compromise safety if stormy weather is forecast. Runs will only occur when the weather is calm (no greater than 5 MPH).
3.2 EMERGENCY RESPONSE
Both teams will adopt and strictly follow those procedures described in the Thrust Op Plan portion, with the respective teams operating in a coordinated response effort. Some aspects of either team will not be adaptable to the other team, such as the Jaguar Firechase. Unless volunteered for the combined operation by Thrust, Spirit of America must provide their own chase vehicle
3.3 HAZARDOUS MATERIALS
3.3.1 Any spilled hazardous materials and/or contaminated soil caused by a hazardous material spill will be removed and properly disposed to BLM standards. BLM is to be immediately notified if any hazardous materials are spilled or released.
3.3.2 The hazardous materials response portion developed by Thrust SSC will be adapted by Spirit of America. Spirit of America will provide a detailed audit prior to the first run.
3.3.2.1 Permittee will attach all appropriate Material Safety Data Sheets (MSDS) to the final Operations Plan prior to permit authorization.
3.3.2.2 All staff, including volunteers, will be trained on the MSDS content and response prior to permit authorization.
3.3.2.3 The BLM will randomly check staff knowledge prior to permit authorization.
3.3.3 All entities will agree on and strictly follow hazardous materials response procedures prior to the first run.
3.4 HEALTH AND SANITATION
3.4.1 Permittee will provide adequate sanitary facilities meeting applicable Nevada Department of Human Resources, Health Division standards and guidelines, will be provided by the permittee.
3.4.1.1 If the District Manager or Assistant District Manager, Nonrenewable Resources, determine that the sanitary facilities in the area are not adequate to cover both spectators and participants, he may request additional facilities; the costs of these additional facilities will be assumed by the permittee.
3.4.1.2 10-14 toilets will be placed as needed throughout the entire operational area. Toilets will be monitored in the morning and afternoon daily to determine pumping needs and to insure adequate paper is stocked.
3.4.1.2.1 Permittee will supply additional toilets if 10-14 do not adequately service visitors and staff.
3.4.1.2.2 Spillage of toilet chemicals constitute a hazardous materials spill. Again, the appropriate MSDS sheet will be secured (from vendor) for this chemical.
3.4.2 The permittee will leave the entire operational area in as near a pre-event natural state as possible and cleaned up to the satisfaction of the District Manager, Assistant District Manager, Nonrenewable Resources, or their representative. The permittee will clean up all lands impacted by this event within two weeks following event closure. Trash receptacles and trash repositories will be provided by the permittee. All trash left on the course and in the area will be removed after the event by the permittee.
4. COMMUNICATIONS
4.1 Communications will be handled by a central monitor function much like a military tactical operation center.
4.1.1 This center or base station will monitor all frequencies.
4.1.2 The base station will be located in a location readily accessible by the permittee.
4.2 A frequency common to all entities will be established and a protocol developed to:
4.2.1 Insure clear communication
4.2.2 Clear the channel for priority and emergency messages.
4.2.3 All entities including BLM will be clearly briefed on this protocol.
4.3 All security personnel will remain in contact with the base station.
4.4 All entities will provide respective call signs to be included in the Operations Plan and understood by all entities prior to the first run.
5. SECURITY
5.1 Press and media may occupy the position of hillocks or silt mounds identified on the 7.5-minute map as Coyote Springs. The Coyote spring mound itself is off limits. For the purposes of this permit the other two mounds may be used. See #9 Cultural Resources below.
5.1.1 The Coyote Springs mound spring is untenable to media and all other persons as cultural materials are on the surface, are eroding out of it, it is a probable site of cultural patrimony and sacred to Native Americans, and it may contain buried cultural resources. See #9 Cultural Resources below.
5.1.2 Media will in no case dig any holes into the mounds. Violation of this stipulation will be cause for removal of offending party(ies) from entire Operational Area. See #9 Cultural Resources below.
5.1.3 Television crews with exclusive agreements, eg, SpeedVision will be the only media allowed closer access. In no case will media wander the course during runs - they must find a position and stay on it during runs.
5.2 Limited VIP members and some media will be positioned in a corral at course midpoint one mile west of and centered on the timing mile.
5.3 Spectators will be located at a specific location off the playa, on terraces west of the course area along State Road 34 3.85 miles north of the Washoe County line and about .9 mile south of West Playa Access #2.
5.4 All persons desiring to access the Playa during the run periods will be issued with:
5.4.1 Instructions regarding temporary closure for safety and other information on run and alternate access points not covered by the closure (see stipulation subpart 6.2.2).
5.4.2 Daily Validity Badge.
5.4.3 Liability Release Form.
5.4.4 Camping 14-day/25-mile reminder. Campers associated with the operation are exempt from the camping length-of-stay requirement.
5.5 All volunteers involved in Playa access and run security (security monitors) must treat all visitors as BLM recreational customers.
5.5.1 Security monitors from both teams will at all times while on station remain in radio communication with the base station and ask for law enforcement assistance if a disagreement arises with a visitor.
5.5.2 If a visitor disregards a security monitor and accesses the playa during a run, the monitor will remain at the station and contact the security manager, Sheriff deputy, or BLM law enforcement on the situation by radio or cell phone.
5.5.2.1 If electronic communications fail at such time, a red signal flare or red star cluster can be discharged to alert staff and law enforcement.
6. COURSE AND RUN MANAGEMENT
6.1 Upon signing of a record of decision, one permit for each permittee would be issued following a 30-day appeal period.
6.1.1 The permit period will extend from date of issuance through 11/30/97.
6.1.2 No conflict with the Burning man event is anticipated. The land speed record permittee will, however, engage in courtesy coordination with Burning Man to insure Burning Man staff and participants understand and observe the BLM-land speed record environmental and safety requirements.
6.2 BLM, through the federal register process, will authorize a Black Rock Desert Playa closure up to 6 hours before a scheduled run through 30 minutes following a run completion.
6.2.1 A run is from one end of the course to the other and return. A breakdown enroute out or back means the run is still operational until the vehicle is returned to the start point or removed from the course for maintenance or repair.
6.2.2 The entire playa is not covered by the closure. Run closures cover those playa areas and traditional access points in proximity to the operational area and its safety buffer zone.
6.2.2.1 Security monitors will be stationed at all traditional access points within relative proximity to the operational area, ie, Cholona, Trego, West Access 1 and 2, etc.
6.2.2.2 Activities, such as Applegate-Lassen trail tours out of the Operational Area may proceed.
6.2.2.3 As much as possible, any such activity should contact, or be contacted by, BLM on run activity and scheduling.
6.2.3 This closure, effected and controlled by BLM, is extended to the permittee to assist BLM with the closure during run periods.
6.2.4 The permittees will jointly control access during closure.
6.2.5 During closure, problems with user groups or individuals will be immediately referred to available BLM law enforcement personnel or Sheriff's deputies.
6.2.6 Such incidents will be handled cordially and diplomatically, as users are BLM customers.
6.2.7 Playa closure notices will be provided by Thrust.
6.3 If weather forecasts indicate a following day to be favorable for a run, the permittee will notify the Assistant District Manager, Nonrenewable Resources, or his representative, or the Winnemucca District Manger the day before any declared, scheduled run, so that arrangements can be made to have a BLM representative on the site.
6.4 A coordination meeting will be held between the permittee and all appropriate law enforcement officials and volunteers prior to any run.
6.5 The permittee will acknowledge that the United States makes no guarantee as to the condition of the race course or surrounding area during the permitted period. The United States will not warrant or represent that the area covered by the permit is safe, healthful or suited for the permitted uses.
6.6 The permittee will acknowledge that the permit, if issued, will be modified or amended only by a written document duly authorized and executed by both the grantor and the permittee. No oral agreement or understandings will have any effect on the provisions of the permit unless reduced to writing.
6.7 Any paint or marking medium used to mark lanes, pits, etc, should be water-soluble.
6.8.1 All paint traces will be obliterated upon event closure. This will be verified by BLM inspection during the permit performance evaluation.
6.8 The Run Priority Agreement will be strictly followed.
7. FACILITIES
7.1 No permanent facilities will be constructed on public lands. Permittee will remove all temporary structures as soon as the event is concluded and naturalize each such site to pre-event natural conditions.
7.2 No access roads or trails will be constructed without the specific authorization of the District Manager or his representative.
7.3 Permittee will establish a camping area near the edge of the playa to accommodate those individuals desiring long term camping related to the event.
7.3.1 The fourteen day camping restriction will be waived on the playa in designated camping area(s), primary of which is the "bay" area north of West Playa Access #2.
7.3.2 Camp area(s) sanitation and trash collection is a permit responsibility.
7.4 No commercial advertising for this event will be allowed on the Nevada Department of Transportation right of way.
7.5 For any directional sign located in Nevada Department of Transportation rights-of-way, an Encroachment Permit is required. Contact Richard Nelson at (702) 688-1250 for the permit information.
8. FEES/VENDORS
8.1 The permittee will pay to the United States of America an 'actual cost' permit fee. This means that each organization involved in this permit will place $5,000.00 into an escrow fund.
8.1.1 These funds will be drawn upon by BLM personnel to cover expenses incurred by the United States in permit execution and monitoring. These funds will include salary, travel costs, per diem expenses and any other cost(s) that may arise as a result of the event. Not only will these funds cover work in proximity to the track and spectator area but also those peripheral areas that may be affected by the event.
8.1.2 Funds will be drawn from each respective permittee account in an equitable manner so that any monies left over at event closure will be about equal when returned to each organization.
8.1.3 Cost accounting demonstrating how these funds would be used and the necessity of cost recovery: It is estimated that one BLM monitor at approximately $19.00 per hour over a 60-day period (estimated declared run days) would utilize $9,120.00 in wages. The remaining $880.00 could count toward overtime or other expenses.
8.2 The permittee will pay a performance bond of $5,000.00. These monies will be used to ensure that the terms and conditions of this permit are met. If funds are used, e.g., cleanup after the event is over, the permittee will receive an accounting of how these funds are utilized.
8.3 The 3% of gross fee requirement is waived if all proceeds directly benefit charities or schools in the communities of Gerlach and Empire. This must be demonstrated through bookkeeping means during the permit performance evaluation following the event.
8.4 All commercial vendors present at this event must be authorized under this permit. The permittee will take action to inform the vendors of the permit requirements.
8.4.1 All vendor permittees other than those specified in #3 above are required to pay a fee of 3% of gross earnings to the United States no later than 14 days following event closure.
8.4.2 Permittees Noble and Breedlove are authorized to subcontract vendors under their respective organizations, as this would aid in bookkeeping.
8.4.3 All food and drink vendors must possess appropriate health certificates from Nevada Department of Health and/or county health units as required. It is likely that such certificates will be inspected by both State and BLM personnel.
8.5 Any "commercial" filming or still photography conducted in conjunction with this event will be authorized under separate permits issued by the Bureau of Land Management, Winnemucca Field Office. These permits are required prior to completing any "commercial" filming or still photography on public lands. "Commercial" is defined as filming or photography:
8.5.1 When film makers/photographers take pictures of public land users, such as those engaged in recreation activities, with the express purpose of selling the film or pictures to those same users.
8.5.2 When any filming/photography features a commercial product for sale using the public lands as background (such as magazine advertisements, or television advertisements).
8.5.3 When the filming/photography would adversely impact the public lands, such as potential deterioration of archaeological and/or historic features.
8.5.4 When any music video or motion picture filming is conducted on public land.
8.5.5 Any contractual agreement entered into by Thrust SSC or Spirit of America, to sell exclusive rights for media coverage, is subject to commercial vendor fees of 3% gross of product sold. These fees will be reconciled as per stipulation subparts 8.4.1 and 8.4.2 above.
8.5.6 Upon receipt of these amended stipulations, both teams will provide BLM a copy or copies of all contractual filming agreements. Any such contractual agreements will be handeled in a "Proprietary and Confidential" manner and will not be made available as public record.
8.6 Permits are not necessary for filming or photography for personal use or in association with event news coverage, unless the product is intended to be sold for "commercial" purposes.
9. CULTURAL RESOURCES
9.1 The permittee will ensure that the safety overrun section of the course is situated at least 3 miles from the Applegate-Lassen Trail and the spectator area is at least six miles from the Trail.
9.2 All participants will be informed that collection and/or excavation of archeological (prehistoric and historic) artifacts or sites is illegal on public lands. If any archeological artifacts are found, the Winnemucca District of the BLM will be notified as soon as possible.
9.3 Permittee shall not make available to the public any information concerning the nature and location of any archaeological resource.
9.4 Pursuant 43 CFR 10.4(g), the holder of this authorization must notify the authorized officer, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary objects, sacred objects or objects of cultural patrimony (as defined at 43 CFR 10.2). Further, Pursuant to 43 CFR 10.4(c) and (d), you must stop activities in the vicinity of the discovery and protect it for 30 days or until notified to proceed by the authorized officer.
9.5 The Coyote Springs mound spring, a natural artesian system, is untenable by media due to surface artifacts, eroding artifacts, possible buried cultural resources and other aspects of cultural patrimony:
9.5.1 Despite intensive visitation by both casual and permitted users, cultural materials are present on and around the mound spring and occasionally erode from the mound.
9.5.2 19th-Century glass shards and WWII .50 caliber casings and live rounds are present.
9.5.3 The Paiute Tribe considers all springs to be sacred and this fact must be respected.
9.6 The Coyote Springs mound spring is off limits on recommendation by the BLM cultural resource manager and outdoor recreatioin planner.
9.6.1 Due to short time frames and planning constraints the media will be directed to one or both of the other two mounds, or to the Alternate Media Site at the VIP location.
9.6.2 Media will in no case dig any holes into the spring mounds or otherwise disturb mound surfaces. Violation of this stipulation will be cause for removal of offending party(ies) from entire Operational Area.
9.7 Any mound spring can be used for protection in the event of a mishap. Persons should get down behind the mound(s) on sides opposite an approaching jet car.
The following persons acknowledge the requirement in stipulation subparts 8.5.5 and 8.5.6 added 10/1/97 as amendment:
Ron Wenker, Winnemucca District Manager
Richard Noble, Thrust SSC Craig Breedlove, Spirit of America