FS-2700-5 Term Special Use Permit

Authorization ID: #AUTH_ID#
Contact ID: #HOLDER_ID#
Expiration Date: #EXPIRATION_DATE#
Use Code: #USE_CODE#

FS-2700-5 (XX/20XX)
OMB No. 0596-0082

U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
TERM SPECIAL USE PERMIT
AUTHORITY:
Act of March 4, 1915, 16 U.S.C. 497

R
AF

Holder Name, Address, City, State, and Zip code.

T

Holder Name (the holder) is authorized to use and occupy National Forest System (NFS) lands in the
National Forest, subject to the terms of this term special use permit (“the permit”).
This permit covers number acres in township, range, and section (the “permit area”), as shown on the
map incorporated into this permit as Appendix A. This permit is issued for the purpose of:
The following appendices are attached to and made a part of this permit:

D

APPENDIX A: Map of the Permit Area
APPENDIX B: Master Development Plan
APPENDIX C: Site Development Schedule
APPENDIX D: Operating Plan
APPENDIX E: Initial and Follow-Up Environmental Site Assessments
APPENDIX F: Authorized Improvements
APPENDIX G: Authorized Services
[list any additional appendices, including Appendix G for permits with the GRFS clause]
I. GENERAL TERMS

A. AUTHORITY. This permit is issued pursuant to the Act of March 4, 1915, the Term Permit Act,
16 U.S.C. 497, and 36 CFR Part 251, Subpart B, as amended, and is subject to their provisions.
B. AUTHORIZED OFFICER. The authorized officer is the Forest or Grasslands Supervisor, a District
Ranger, or the Station, Institute, or Area Director with delegated authority pursuant to Forest Service
Manual 2700.

Page 1 of 30

C. TERM. This permit shall expire at midnight on #EXPIRATION_DATE#. Expiration of this permit shall
not require notice, a decision document, or any environmental analysis or other documentation.
D. CONTINUATION OF USE AND OCCUPANCY. This permit is not renewable. Prior to expiration of
this permit, the holder may apply for a new permit for the use and occupancy authorized by this permit.
Applications for a new permit must be submitted at least one year prior to expiration of this permit.
Issuance of a new permit is at the sole discretion of the authorized officer. At a minimum, before issuing
a new permit, the authorized officer shall ensure that (1) the use and occupancy to be authorized by the
new permit are consistent with the direction in the applicable land management plan;
(2) the type of use and occupancy to be authorized by the new permit is the same as the type of use and
occupancy authorized by this permit; and (3) the holder is in compliance with all the terms of this permit.
The authorized officer may prescribe new terms when a new permit is issued.

T

E. AMENDMENT. This permit may be amended in whole or in part by the Forest Service when, at the
discretion of the authorized officer, such action is deemed necessary or desirable to incorporate new
terms that may be required by law, regulation, the applicable land management plan, or projects and
activities implementing the land management plan pursuant to 36 CFR Part 218. At the sole discretion of
the authorized officer, this permit may be amended to remove authorization to use any NFS lands not
specifically covered in the master development plan for this permit or not needed for the use and
occupancy authorized by this permit. Any amendments to this permit under this clause must be in writing
and must be signed and dated by the authorized officer.

R
AF

F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In
exercising the privileges granted by this permit, the holder shall comply with all present and future federal
laws and regulations and all present and future state, county, and municipal laws, regulations, and other
legal requirements that apply to the permit area, to the extent they do not conflict with federal law,
regulation, or policy. The Forest Service assumes no responsibility for enforcing laws, regulations, and
other legal requirements that fall under the jurisdiction of other governmental entities.
G. NON-EXCLUSIVE USE. The use and occupancy authorized by this permit are not exclusive. The
Forest Service reserves the right of access to the permit area, including a continuing right of physical
entry to the permit area and the authorized facilities and improvements for inspection, monitoring, or any
other purpose consistent with any right or obligation of the United States under any law or regulation.
The Forest Service reserves the right to allow others to use the permit area in any way that is not
inconsistent with the holder’s rights and privileges under this permit, after consultation with all parties
involved. Except for any restrictions that the holder and the authorized officer agree are necessary to
protect the installation and operation of authorized improvements, the permit area shall remain open to
the public for all lawful purposes.

D

H. ASSIGNABILITY. This permit is not assignable or transferable.
I. TRANSFER OF TITLE TO THE IMPROVEMENTS

1. Notification of Transfer. The holder shall notify the authorized officer when a transfer of title to all or
part of the improvements is planned.

2. Transfer of Title. Any transfer of title to the improvements covered by this permit shall result in
termination of the permit upon issuance of a new permit to another party for the use and occupancy
authorized by this permit. The party who acquires title to the improvements must submit an application
for a permit. The Forest Service is not obligated to issue a new permit to the party who acquires title to
the improvements. The authorized officer shall determine that the applicant meets requirements under
applicable federal regulations.
J. CHANGE IN CONTROL OF THE BUSINESS ENTITY

Page 2 of 30

1. Notification of Change in Control. The holder shall notify the authorized officer when a change in
control of the business entity that holds this permit is planned.
(a) In the case of a corporation, control is an interest, beneficial or otherwise, of sufficient outstanding
voting securities or capital of the business so as to permit the exercise of managerial authority over the
actions and operations of the corporation or election of a majority of the board of directors of the
corporation.
(b) In the case of a partnership, limited partnership, joint venture, or individual entrepreneurship, control
is a beneficial ownership of or interest in the entity or its capital so as to permit the exercise of managerial
authority over the actions and operations of the entity.
(c) In other circumstances, control is any arrangement under which a third party has the ability to
exercise management authority over the actions or operations of the business.

R
AF

T

2. Effect of Change in Control. Any change in control of the business entity as defined in clause I.J.1
shall result in termination of this permit upon issuance of a new permit to another party for the use and
occupancy authorized by this permit. The party acquiring control must submit an application for a special
use permit. The Forest Service is not obligated to issue a new permit to the party who acquires control.
The authorized officer shall determine whether the applicant meets the requirements established by
applicable federal regulations.
II. IMPROVEMENTS

A. LIMITATIONS ON USE. Nothing in this permit gives or implies permission to build or maintain any
structure or facility or to conduct any activity unless specifically authorized by this permit. Any use not
specifically authorized by this permit must be proposed in accordance with 36 CFR 251.54 or 251.61.
Approval of such a proposed use through issuance of a new permit or permit amendment is at the sole
discretion of the authorized officer.
B. DRAWINGS. All drawings for development, layout, construction, reconstruction, or alteration of
improvements in the permit area, as well as revisions to those drawings, must be prepared by a licensed
engineer, architect, landscape architect, or other qualified professional acceptable to the authorized
officer. These drawings and drawing revisions must have written approval from the authorized officer
before they are implemented. The authorized officer may require the holder to furnish as-built drawings,
maps, or surveys upon completion of the work.

D

C. MASTER DEVELOPMENT PLAN. The holder shall prepare and maintain, in a form acceptable to
the Forest Service, a master development plan (MDP) encompassing the entire operation presently
envisioned for development in connection with the NFS lands authorized by this permit. The MDP should
encompass all NFS lands authorized for use by this permit. For planning purposes, a capacity for use
measured in people-at-one-time shall be established in the MDP. Upon acceptance by the authorized
officer, the MDP shall be incorporated into this permit as Appendix B. Overall development at the [type of
use] authorized by the permit shall not exceed the capacity established in the MDP, and additional
construction beyond maintenance of existing improvements at the [type of use] covered by this permit
shall not be authorized without amendment to the MDP and without the requisite environmental analysis
and documentation needed to support that additional construction or development under the National
Environmental Policy Act (NEPA). The holder shall propose any changes to the MDP in a form
acceptable to the Forest Service and shall submit the proposed changes to the authorized officer. Once
accepted, the revised MDP shall become part of this permit. Acceptance of the original or revised MDP
by the authorized officer does not authorize new development or uses. The authorized officer’s
Page 3 of 30

acceptance of the original or revised MDP does not constitute approval of its contents or provide any
assurance that any particular item in the original or revised MDP will be authorized by the Forest Service
or constructed by the holder. No rights or obligations of the holder or the Forest Service are determined
by the authorized officer’s acceptance of the original or revised MDP, nor does any legal consequences,
including the requirement to conduct environmental analysis under NEPA, flow from the authorized
officer’s acceptance of the original or revised MDP.

T

D. SITE DEVELOPMENT SCHEDULE. The holder and the Forest Service jointly shall prepare a site
development schedule, which shall be incorporated into this permit as Appendix C, before any
construction occurs in the permit area. The site development schedule shall list improvements in the
master development plan and any amendments to the plan in order of priority, the starting date for their
construction, and the due date for their completion. All required plans and specifications for
improvements included in the site development schedule shall be properly certified and submitted to the
authorized officer at least 45 days before the starting date for their construction. The holder may
accelerate the scheduled date for completion of any improvement, as long as the other scheduled
improvements are completed on time and to the satisfaction of the authorized officer. Any other changes
to the site development schedule must have prior written approval from the authorized officer. Pursuant
to clause IV.K, the authorized officer may require a performance bond for improvements constructed
under a site development schedule.

R
AF

E. RELOCATION. This permit is issued with the express understanding that should future location of
federally owned improvements or road rights-of-way require relocation of the holder’s improvements, the
relocation will be conducted by and at the expense of the holder within a reasonable period specified by
the authorized officer.
III. OPERATIONS

D

A. OPERATING PLAN. The holder shall prepare and annually revise by #DATE# an operating plan.
The operating plan shall be prepared in consultation with the authorized officer or the authorized officer’s
designated representative and shall cover all operations authorized by this permit. The operating plan
shall outline steps the holder will take to protect public health and safety and the environment and shall
include sufficient detail and standards to enable the Forest Service to monitor the holder’s operations for
compliance with the terms of this permit. The operating plan shall identify and schedule any inspections
that the holder is required to conduct at the holder’s expense. The operating plan shall be submitted by
the holder and approved in writing by the authorized officer or the authorized officer’s designated
representative prior to commencement of operations and shall be incorporated into this permit as
Appendix D. Any operating plan revisions shall be submitted by the holder and approved in writing by the
authorized officer or the authorized officer’s designated representative before they are implemented. The
authorized officer may require an annual meeting with the holder to discuss the terms of the permit or
operating plan, annual use reports, determine need for performance bond for construction projects and
amount of bond, or other concerns either party may have.
B. PERIOD OF USE. The use and occupancy authorized by this permit shall be in normal operation at
least [ ] days each year or season. Failure of the holder to exercise this minimum use may result in
revocation of this permit under clause VII.A.

C. RESPONSIBILITY FOR DAY-TO-DAY ACTIVITIES. As a general rule, the holder shall conduct the
day-to-day activities authorized by this permit. A limited amount of activities may be conducted by a party
other than the holder, but only with prior written approval of the authorized officer. The holder shall
continue to be responsible for compliance with all the terms of this permit.
D. LEASING. Subject to clause III.C, the holder may lease authorized concessions and improvements
owned by the holder that are located within the permit area with the prior written approval of the
authorized officer. The Forest Service reserves the right to disapprove these leases. The holder shall

Page 4 of 30

remain responsible for compliance of the leased concessions and improvements with all the terms of this
permit.
E. CONDITION OF OPERATIONS. The holder shall maintain the authorized improvements and permit
area to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized
officer and consistent with other provisions of this permit. Standards are subject to periodic change by
the authorized officer when deemed necessary to meet statutory, regulatory, or policy requirements or to
protect National Forest System resources.
F. USE OF NATIONAL FOREST SYSTEM ROADS AND NATIONAL FOREST SYSTEM TRAILS. The
holder’s use of National Forest System roads and National Forest System trails shall comply with
applicable requirements in 36 CFR Part 212, Subpart A; 36 CFR Part 261, Subpart A; and orders issued
under 36 CFR Part 261, Subpart B. Motor vehicle use shall be consistent with designations made under
36 CFR Part 212, Subpart B, unless specifically provided otherwise in the operating plan. Over-snow
vehicle use shall be consistent with designations made under 36 CFR Part 212, Subpart C, unless
specifically provided otherwise in the operating plan.

R
AF

T

G. MONITORING BY THE FOREST SERVICE. The Forest Service shall monitor the holder's
operations and reserves the right to inspect the permit area and authorized facilities and improvements at
any time for compliance with the terms of this permit. The holder shall comply with inspection
requirements deemed appropriate by the authorized officer. The obligations of the holder under this
permit are not contingent upon any duty of the Forest Service to inspect the permit area or authorized
facilities or improvements. A failure by the Forest Service or other governmental officials to inspect is not
a defense to noncompliance with any of the terms of this permit.
H. CUTTING, DISPOSAL, AND PLANTING OF VEGETATION. This permit does not authorize the
cutting of trees, brush, shrubs, and other plants (“vegetation”). Vegetation may be cut, destroyed, or
trimmed only after the authorized officer or the authorized officer’s designated agent has approved in
writing and marked or otherwise identified what may be cut, destroyed, or trimmed. The holder shall
notify the authorized officer when approved cutting, destruction, or trimming of vegetation has been
completed. The Forest Service shall determine in advance of felling the method of disposal of trees felled
in the permit area that meet utilization standards. Disposal may be by sale or without charge per 36 CFR
Part 223, as may be most advantageous to the United States. Debris from felling that does not meet
utilization standards shall also be disposed of according to methods determined by the Forest Service.
Planting of vegetation in the permit area must have prior written approval from the authorized officer.
I. SIGNAGE. Signage posted on NFS lands must have prior written approval of the authorized officer.

D

J. REFUSE DISPOSAL. The holder shall comply with all applicable federal, state, and local
requirements related to the disposal of refuse resulting from the use and occupancy authorized by this
permit.

K. SANITATION. The operation and maintenance of all sanitation, food service, and water-supply
methods, systems, and facilities shall comply with applicable standards set by state and local health
departments.

L. DRINKING WATER SYSTEM. The holder, as the water supplier and owner or operator of the
drinking water system for the facilities authorized by this permit, is responsible for compliance with all
applicable federal, state, and local drinking water laws and regulations governing operation and
maintenance of a public drinking water system, including but not limited to developing, operating, and
maintaining the system and conducting drinking water testing and taking appropriate corrective and
follow-up actions in accordance with federal, state, and any other applicable requirements. For purposes
of this permit, public water systems are defined in accordance with the Safe Drinking Water Act, as
amended (42 U.S.C. 300f et seq.), and the National Primary Drinking Water Regulations, 40 CFR
Part 141, or state regulations, if more stringent. The holder shall retain all drinking water system records
as required by applicable laws and regulations. The holder agrees to make the records available to the
Forest Service and to any other regulatory agency authorized to review Forest Service activities.

T

R
AF

M. SALE OF ALCOHOLIC BEVERAGES. The sale of alcoholic beverages is prohibited in the permit
area.

M. SALE OF ALCOHOLIC BEVERAGES. The sale of [liquor, beer, wine, and other types of alcoholic
beverages] is allowed in the permit area, provided the holder has a valid state liquor license. However, in
the event of a violation of any liquor law or regulation, the authorized officer may require that the sale of
alcoholic beverages shall cease. The holder shall be informed in writing by the authorized officer if the
sale of alcoholic beverages must cease.
N. GAMBLING. Gambling and gambling machines and devices are prohibited on NFS lands, regardless
of whether they are lawful under state or local law.
O. NONDISCRIMINATION

D

1. The holder and its employees shall not discriminate against any person on the basis of race, color,
sex (in educational and training programs), national origin, age, or disability or by curtailing or refusing to
furnish accommodations, facilities, services, or use privileges offered to the public generally. In addition,
the holder and its employees shall comply with the provisions of Title VI of the Civil Rights Act of 1964 as
amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education
Amendments of 1972, as amended, and the Age Discrimination Act of 1975, as amended.
2. The holder shall include and require compliance with the above nondiscrimination provisions in any
third-party agreement made with respect to the operations authorized under this permit.
3. The Forest Service shall furnish signs setting forth this policy of nondiscrimination. These signs shall
be conspicuously displayed at the public entrance to the permit area and at other exterior or interior
locations, as directed by the Forest Service.
4. The Forest Service shall have the right to enforce the foregoing nondiscrimination provisions by suit
for specific performance or by any other available remedy under the laws of the United States or the State
in which the violation occurs.
Page 6 of 30

P. EQUAL ACCESS TO FEDERAL PROGRAMS. In addition to the above nondiscrimination policy, the
holder agrees to ensure that its programs and activities are open to the general public on an equal basis
and without regard to any non-merit factor.
Q. PROHIBITION OF TIME-SHARE ARRANGEMENTS. No commercial facilities or equipment
authorized under this permit will be operated under a time-share or interval-ownership arrangement. All
authorized facilities and equipment shall be made available to the general public on a short-term rental
basis.
R. HOLDER’S REPRESENTATIVE. The holder or the holder’s designated representative shall be
within the permit area at all times when the facilities are open to the public. The holder shall notify the
authorized officer in writing who the holder’s representative will be.

T

S. HOLDER'S AND USERS' CONDUCT. Disorderly or otherwise objectionable conduct by the holder
or those occupying the permit area with the holder's permission shall be cause for revocation or
suspension of this permit.

R
AF

T. REGULATING SERVICES AND RATES. The authorized officer shall have the authority to regulate
the adequacy and type of services provided the public under this permit and to require that these services
conform to satisfactory standards. The holder may be required to furnish a schedule of prices for sales
and services authorized by the permit. These prices may be regulated by the authorized officer, provided
that the holder shall not be required to charge prices significantly different from those charged by
comparable or competing enterprises.
U. ADVERTISING. The holder shall not misrepresent in any way, either orally; in online or print
circulars, brochures, advertising, and other media; or on its website, signs, or letterheads, any aspect of
the use authorized by this permit, including services provided by the holder, the status of this permit, or
the permit area. All the holder’s online or print circulars, brochures, advertising, and other media
regarding use of the permit area shall state that the permit area is located in the [name] National Forest or
Grassland.

D

V. PAID SICK LEAVE REQUIREMENT. Executive Order 13706, Establishing Paid Sick Leave for
Federal Contractors, and its implementing regulations, including the federal contractor paid sick leave
clause at 29 CFR Part 13, Appendix A, are incorporated by reference into this authorization as if fully set
forth in this authorization.

IV. RIGHTS AND LIABILITIES
A. LEGAL EFFECT OF THE PERMIT. This permit, which is revocable and terminable, is not a contract
or a lease, but rather a federal license. The benefits and requirements conferred by this authorization are
reviewable solely under the procedures set forth in 36 CFR Part 214, and 5 U.S.C. 704. This permit does
not constitute a contract for purposes of the Contract Disputes Act, 41 U.S.C. 601. The permit is not real
property, does not convey any interest in real property, and may not be used as collateral for a loan.
Page 7 of 30

B. VALID EXISTING RIGHTS. This permit is subject to all valid existing rights. Valid existing rights
include those derived from mining and mineral leasing laws of the United States. The United States is not
liable to the holder for the exercise of any such right.
C. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The parties to this permit do not intend to
confer any rights on any third party as a beneficiary under this permit.
D. NO WARRANTY OF ACCESS, SITE SUITABILITY, OR SERVICES. This permit authorizes the use
and occupancy of NFS lands by the holder for the purposes identified in this permit. The Forest Service
does not make any express or implied warranty of access to the permit area, of the suitability of the
permit area for the authorized uses, or for the furnishing of road or trail maintenance, water, fire protection
services, search and rescue services, or any other services by a government agency, utility, association,
or individual.

R
AF

T

E. WATER FACILITIES AND WATER RIGHTS

1. Water Facilities. No ditch, reservoir, well, spring, seepage, or other facility to pump, divert, store, or
convey water (hereinafter “water facilities”) for which the point of diversion, storage, or withdrawal is on
NFS lands may be initiated, developed, certified, or adjudicated by the holder unless expressly authorized
in this permit. The authorization of any water facilities in the permit area is granted to allow use of water
only in connection with the [recreation residence, resort, marina, or specify use] authorized by this permit.
If the use of any water facilities in connection with this [recreation residence, resort, marina, or specify
use] ceases, the authorization to use any associated water facilities terminates. The United States may
place conditions on installation, operation, maintenance, and removal of water facilities that are
necessary to protect public property, public safety, and natural resources on NFS lands in compliance
with applicable law. Any change in a water facility, including a change in the ownership or beneficial use
of water or location of use of water from a water facility, that is not expressly authorized in this permit shall
result in termination of the authorization for that water facility.

D

2. Water Rights. This permit does not confer any water rights on the holder. The term “water rights”
includes all authorizations, such as certificates, reservations, decrees, or permits, for water use issued
under state law. Any necessary water rights must be acquired and maintained by the holder in
accordance with State law and the terms of this permit. After this permit is issued, all water rights
obtained by the holder for facilities that divert or pump water from sources located on NFS lands for use
on NFS lands, whether authorized or unauthorized, are for the benefit of the United States and shall be
acquired in the name of the United States. Any expenses for acquiring and maintaining water rights shall
be the responsibility of the holder and not the responsibility of the United States. The United States
reserves the right to take all actions necessary to maintain and protect any right to divert and use water
on site.

Page 8 of 30

WATER RIGHTS HELD IN THE NAME OF THE UNITED STATES (if none, so state)
State ID #

Owner

Purpose of
Use

Decree,
License, or
Certificate #

Point of
Diversion

Point of
Use

R
AF

T

3. Water Rights Acquired in the Name of the Holder
(a) Identification of Water Rights.

WATER RIGHTS HELD IN THE NAME OF THE HOLDER (if none, so state)
Owner

Purpose of
Use

Decree,
License, or
Certificate #

Point of
Diversion

Point of
Use

D

State ID #

(b) Termination or Revocation. Upon termination or revocation or of this permit the holder shall transfer
the water rights enumerated in clause IV.E.3(a) to any succeeding permit holder, for use only in
connection with the [recreation residence, resort, marina, or specify other use] authorized by this permit.
If that use is not reauthorized, the holder shall promptly petition in accordance with State law to remove
from NFS lands the point of diversion and water use associated with the water rights enumerated in
clause IV.E.3(a) or shall transfer these water rights to the United States.
(c) Documentation of Transfer. The holder and the holder’s heirs and assignees shall execute and
properly file any document necessary to transfer ownership of the water rights enumerated in clause
IV.E.3(a) to a succeeding permit holder or the United States. By executing this permit, the holder hereby
grants limited power of attorney to the authorized officer to execute any document on behalf of the holder

Page 9 of 30

as may be necessary to transfer the water rights enumerated in clause IV.E.3(a) to a succeeding permit
holder or the United States.
Holder’s initials and date: ________________
(d) Waiver. The holder waives any claims against the United States for compensation for any water
rights subject to clause IV.E.3(a) that are transferred, removed, or relinquished as a result of revocation
or termination of this permit or for compensation in connection with imposition of any conditions on
installation, operation, maintenance, and removal of water facilities associated with water rights
enumerated in clause IV.E.3(a).

R
AF

T

F. RISK OF LOSS. The holder assumes all risk of loss to the authorized improvements and all risk of
loss of use and occupancy of the permit area, in whole or in part, due to public health and safety or
environmental hazards. Loss to the authorized improvements and of use and occupancy of the permit
area may result from but is not limited to theft, vandalism, fire and any fire-fighting activities (including
prescribed burns), environmental contamination, avalanches, rising waters, winds, falling limbs or trees,
and other forces of nature. If any authorized improvements in the permit area are destroyed or
substantially damaged, the authorized officer shall conduct an analysis to determine whether the
improvements can be safely occupied in the future and whether rebuilding should be allowed. If
rebuilding is not allowed, this permit shall terminate as to those improvements. If the authorized officer
determines that any portions of the permit area cannot be safely occupied due to a public health or safety
or environmental hazard, this permit shall terminate as to those portions of the permit area. Termination
under this clause shall not give rise to any claim for damages, including lost profits and the value of the
improvements, by the holder against the Forest Service.
G. DAMAGE TO UNITED STATES PROPERTY. The holder has an affirmative duty to protect from
damage the land, property, and other interests of the United States that are associated with the use and
occupancy authorized by this permit. Damage includes but is not limited to destruction of or damage to
NFS lands, fire suppression costs, and destruction of or damage to federally owned improvements.
1. The holder shall be liable for all injury, loss, or damage, including fire suppression costs, prevention
and control of the spread of invasive species, and the costs of rehabilitation or restoration of natural
resources, resulting from the holder’s use and occupancy of the permit area. Compensation shall include
but not be limited to the value of resources damaged or destroyed, the costs of restoration, cleanup, or
other mitigation, fire suppression or other types of abatement costs, and all administrative, legal (including
attorney's fees), and other costs. Such costs may be deducted from a performance bond required under
clause IV.L.

D

2. The holder shall be liable for damage to all roads and trails of the United States caused by use of the
holder or the holder's heirs, assignees, agents, employees, contractors, or lessees to the same extent as
provided under clause IV.G.1, except that liability shall not include reasonable and ordinary wear and
tear.
H. HEALTH AND SAFETY. The holder shall take all measures necessary to protect the health and
safety of all persons afftected by the use and occupancy authorized by this permit. The holder shall
promptly abate as completely as possible and in compliance with all applicable laws and regulations any
physical or mechanical procedure, activity, event, or condition exisiting or occurring in connection with the
authorized use and occupancy during the term of this permit that causes or threatens to cause a hazard
to the health or safety of the public or the holder’s employees, agents, or contractors. The holder shall as
soon as practicable notify the authorized officer of all serious accidents that occur in connection with
these procedures, activities, events, or conditions. The Forest Service has no duty under the terms of
this permit to inspect the permit area or operations of the holder for hazardous conditions or compliance
with health and safety standards.
I. ENVIRONMENTAL PROTECTION
Page 10 of 30

1. Compliance with Environmental Laws. The holder shall in connection with the use and occupancy
authorized by this permit comply with all applicable federal, state, and local environmental laws and
regulations, including but not limited to those established pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. 9601 et seq., the
Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., the Oil Pollution Act, as amended, 33 U.S.C.
2701 et seq., the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., the Toxic Substances Control Act,
as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, as
amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq.

T

2. Definition of Hazardous Material. For purposes of clause IV.I and section V, "hazardous material"
shall mean (a) any hazardous substance under section 101(14) of CERCLA, 42 U.S.C. 9601(14); (b) any
pollutant or contaminant under section 101(33) of CERCLA, 42 U.S.C. 9601(33); (c) any petroleum
product or its derivative, including fuel oil, and waste oils; and (d) any hazardous substance, extremely
hazardous substance, toxic substance, hazardous waste, ignitable, reactive or corrosive materials,
pollutant, contaminant, element, compound, mixture, solution or substance that may pose a present or
potential hazard to human health or the environment under any applicable environmental laws.

R
AF

3. Environmental Site Assessments (SAs). Except as provided in clause IV.I.3(c), the holder is required
to submit for written approval by the authorized officer an initial SA prior to use and occupancy under this
permit and a follow-up SA prior to termination or upon revocation of this permit. The initial and follow-up
SAs shall be incorporated into this permit as Appendix E.
(a) Purposes. The purpose of initial and follow-up SAs is to identify Recognized Environmental
Conditions in the permit area, that is, the presence or likely presence of any hazardous substances or
petroleum products in, on, or at the permit area: (1) due to any release to the environment; (2) under
conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of
a future release to the environment. A comparison of the initial and follow-up SAs shall assist the
authorized officer in determining whether any environmental cleanup or restoration is required as a result
of the use and occupancy. Any cleanup or restoration shall be completed promptly by the holder in
accordance with all applicable federal, state, and local laws and regulations, to the satisfaction of the
authorized officer and at no expense to the United States.

D

(b) Standard. All SAs must be conducted by the holder’s environmental professional with the requisite
certification and experience and must meet the objectives and performance factors of 40 CFR Part 312,
Innocent Landowners, Standards for Conducting All Appropriate Inquiries. The holder may use the most
recent version of The American Society for Testing and Materials (ASTM) guideline referenced in 40 CFR
312.11(a), entitled Standard Practice for Environmental Site Assessments: Phase I Environmental Site
Assessment Process, or select an alternate practice that constitutes all appropriate inquiries consistent
with good commercial and customary practices.

(c) Exceptions. If a new permit will be issued to the same holder upon expiration of this permit, the
follow-up SA shall satisfy the requirement for an initial SA for the new permit. Initial and follow-up SAs
are not required when this permit is revoked at the request of the holder and a new permit is issued to the
holder for the balance of this permit’s term or when this permit is reissued for the balance of its term to the
holder due to a modification pursuant to 36 CFR 251.61(a), provided that an initial SA shall be completed
in either of these scenarios if one has not been done by the holder. When a new permit is issued due to
a change in control of the business entity that holds this permit, the holder may rely on the initial SA
performed by the future holder, provided that it is accepted by the authorized officer prior to termination of
this permit.
(d) Cleanup or Other Remedial Action Based on the Initial SA. If the initial SA shows that a hazardous
substance release is present in the permit area, the holder shall be responsible for any cleanup or other
remedial action that the Forest Service determines to be required in the permit area based on the initial
SA. The level of cleanup or other remedial action shall be commensurate with the holder’s intended use
Page 11 of 30

and occupancy of the permit area and shall be completed before the holder’s use and occupancy
commence.
4. Oil Discharges and Release of Hazardous Materials. The holder shall immediately notify all
appropriate response authorities, including the National Response Center and the authorized officer or
the authorized officer’s designated representative, of any oil discharge or of the release of a hazardous
material in the permit area in an amount greater than or equal to its reportable quantity, in accordance
with 33 CFR Part 153 and 40 CFR Part 302. For the purposes of this requirement, “oil” is defined by
section 311(a)(1) of the Clean Water Act, 33 U.S.C. 1321(a)(1). The holder shall immediately notify the
authorized officer or the authorized officer’s designated representative of any release or threatened
release of any hazardous material in or near the permit area which may be harmful to public health or
welfare or which may adversely affect natural resources on federal lands.

R
AF

T

5. Remediation of Release of Hazardous Materials. The holder shall remediate any release, threat of
release, or discharge of hazardous materials that occurs in connection with the holder’s activities in the
permit area, including activities conducted by the holder's agents, employees, contractors, or lessees and
regardless of whether those activities are authorized under this permit. The holder shall perform
remediation in accordance with applicable law immediately upon discovery of the release, threat of
release, or discharge of hazardous materials. The holder shall perform the remediation to the satisfaction
of the authorized officer and at no expense to the United States. Upon revocation or termination of this
permit, the holder shall deliver the site to the Forest Service in compliance with all applicable laws and
regulations and free and clear of contamination.
J. INDEMNIFICATION OF THE UNITED STATES. The holder shall indemnify, defend, and hold
harmless the United States for any costs, damages, claims, liabilities, and judgments arising from past,
present, and future acts or omissions of the holder in connection with the use and occupancy authorized
by this permit. This indemnification provision includes but is not limited to acts and omissions of the
holder or the holder's heirs, assignees, agents, employees, contractors, or lessees in connection with the
use and occupancy authorized by this permit which result in (1) violations of any laws and regulations
which are now or which may in the future become applicable; (2) judgments, claims, demands, penalties,
or fees assessed against the United States; (3) costs, expenses, and damages incurred by the United
States; or (4) the release or threatened release of any solid waste, hazardous waste, hazardous
materials, pollutant, contaminant, oil in any form, or petroleum product into the environment. The
authorized officer may prescribe terms that allow the holder to replace, repair, restore, or otherwise
undertake necessary curative activities to mitigate damages in combination with or as an alternative to
monetary indemnification.

D

K. INSURANCE. The holder shall furnish proof of insurance, such as a certificate of insurance, to the
authorized officer prior to issuance of this permit and each year thereafter that this permit is in effect. The
Forest Service reserves the right to review the insurance policy and require any changes needed to
ensure adequate coverage of the United States in connection with the authorized use and occupancy.
The holder shall send an authenticated copy of any insurance policy obtained pursuant to this clause to
the authorized officer immediately upon issuance of the policy. Any insurance policies obtained by the
holder pursuant to this clause shall include the United States as an additional insured in an endorsement
to the policy, and the additional insured provision shall provide for insurance coverage for the United
States as required under this clause and to the extent of the full limits of insurance available to the holder.
The holder shall give 30 days prior written notice to the authorized officer of cancellation of the insurance
policy by the holder or any modification to the insurance policy. The certificate of insurance, the
authenticated copy of the insurance policy, and written notice of cancellation or modification of insurance
policies should be sent to [mailing address of administering office]. Minimum amounts of coverage and

Page 12 of 30

other insurance requirements are subject to change at the sole discretion of the authorized officer on the
anniversary date of this permit.
1. The holder shall have in force liability insurance covering losses associated with the use and
occupancy authorized by this permit arising from personal injury or death and third-party property damage
in the minimum amount of $#AMOUNT# as a combined single limit per occurrence.
2. Depending on the holder's operations, the Forest Service may require the holder to demonstrate the
availability of funds to address any release or threatened release of hazardous materials that may occur
in connection with the holder's use and occupancy. Any requirements imposed would be established
case by case by the authorized officer based on the degree of environmental risk from the holder's
operations. The storage and use of normal maintenance supplies in nominal amounts generally would
not trigger financial assurance requirements.

T

R
AF

L. BONDING. The authorized officer may require the holder to furnish a surety bond or other security
for any of the obligations imposed by the terms of this permit or any applicable law, regulation, or order.

1. As a further guarantee of compliance with the terms of this permit, the holder shall deliver and
maintain a surety bond or other acceptable security, such as cash deposited and maintained in a federal
depository or negotiable securities of the United States, in the amount of #AMOUNT# for [specify
obligations covered, e.g., to secure the holder’s obligation to restore the permit area after construction or
upon revocation or termination of the permit without issuance of a new permit]. The authorized officer
may periodically evaluate the adequacy of the bond or other security and increase or decrease the
amount as appropriate. If the bond or other security becomes unsatisfactory to the authorized officer, the
holder shall within 30 days of demand furnish a new bond or other security issued by a surety that is
solvent and satisfactory to the authorized officer. If the holder fails to meet any of the requirements
secured under this clause, money deposited pursuant to this clause shall be retained by the United States
to the extent necessary to satisfy the obligations secured under this clause, without prejudice to any other
rights and remedies of the United States.

D

2. The bond shall be released or other security returned 30 days after (a) the authorized officer certifies
that the obligations covered by the bond or other security are met and (b) the holder establishes to the
satisfaction of the authorized officer that all claims for labor and material for the secured obligations have
been paid or released.
3. The holder may be required to obtain additional bonding or security prior to undertaking additional
construction or alteration not covered by the bond or other security or when the authorized improvements
are to be removed and the permit area restored.

V. RESOURCE PROTECTION
A. WATER POLLUTION. No waste or by-product shall be discharged into water in connection with the
use and occupancy authorized by this permit except in full compliance with all applicable federal, state,
and local environmental and other laws. Storage facilities for materials capable of causing water
pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters or channels

Page 13 of 30

leading into water except in full compliance with all applicable federal, state, and local environmental and
other laws.
B. SCENIC VALUES. The holder shall protect the scenic values of the permit area and the adjacent
land to the greatest extent possible during construction, operation, and maintenance of the authorized
improvements.
C. VANDALISM. The holder shall take reasonable measures to prevent and discourage vandalism or
disorderly conduct and when necessary shall contact the appropriate law enforcement officer to address
these problems.
D. PESTICIDE USE

T

1. Authorized Officer Concurrence. Pesticides may not be used outside of buildings in the permit area to
control pests, including undesirable woody and herbaceous vegetation (including aquatic plants), insects,
birds, rodents, or fish without prior written concurrence of the authorized officer. Only those products
registered or otherwise authorized by the U.S. Environmental Protection Agency and appropriate State
authority for the specific purpose planned shall be authorized for use within areas on NFS lands.

R
AF

2. Pesticide-Use Proposal. Requests for concurrence of any planned uses of pesticides shall be
provided in advance using the Pesticide-Use Proposal (form FS-2100-2). Annually the holder shall, on
the due date established by the authorized officer, submit requests for any new, or continued, pesticide
usage. The Pesticide-Use Proposal shall cover a 12-month period of planned use. The Pesticide-Use
Proposal shall be submitted at least 60 days in advance of pesticide application. Information essential for
review shall be provided in the form specified. Exceptions to this schedule may be allowed, subject to
emergency request and approval, only when unexpected outbreaks of pests require control measures
which were not anticipated at the time a Pesticide-Use Proposal was submitted.
3. Safety Plan. Before applying pesticides in the permit area, the holder shall submit to the authorized
officer a safety plan that includes, at a minimum, a precise statement of the treatment objectives; a
description of the equipment, materials, and supplies to be used, including pesticide formulation,
quantities, and application methods; a description of the lines of responsibility for project planning, project
monitoring, and after-action review; a description of any necessary interagency coordination; a copy of
the current Pesticide-Use Proposal for the permit; a description of the process by which treatment
effectiveness will be determined; and a spill plan, communications plan, security plan, and when required
by applicable local requirements, a provision for prior notification to sensitive individuals.

D

4. Reporting. By September 30th annually, the holder shall submit to the authorized officer a written
report of each pesticide application project completed during the previous 12-month period. The report
shall contain information pertaining to the pesticide application projects as requested by the authorized
officer.

5. Labeling, Laws, and Regulations. Label instructions and all applicable laws and regulations shall be
strictly followed in the application of pesticides and disposal of excess materials and containers. No
pesticide waste, excess materials, or containers shall be disposed of in any area administered by the
Forest Service.
E. ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES. The holder shall immediately
notify the authorized officer of any antiquities or other objects of historic or scientific interest, including but
not limited to historic or prehistoric ruins, fossils, or artifacts discovered in connection with the use and
occupancy authorized by this permit. The holder shall leave these discoveries intact and in place until
otherwise directed by the authorized officer.
F. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION (NAGPRA). In accordance
with 25 U.S.C. 3002 (d) and 43 CFR 10.4, if the holder inadvertently discovers human remains, funerary
objects, sacred objects, or objects of cultural patrimony on NFS lands, the holder shall immediately cease
Page 14 of 30

work in the area of the discovery and shall leave the discoveries intact and in place. The holder shall
follow the applicable NAGPRA protocols for the undertaking provided in the NAGPRA plan of action or
the NAGPRA comprehensive agreement; if there are no such agreed-upon protocols, the holder shall as
soon as practicable notify the authorized officer of the discovery and shall follow up with written
confirmation of the discovery. The activity that resulted in the inadvertent discovery may not resume until
30 days after the authorized officer certifies receipt of the written confirmation, if resumption of the activity
is otherwise lawful, or at any time if a NAGPRA plan of action has been executed by the Forest Service
following tribal consultation and any preconditions have been met.
G. PROTECTION OF THREATENED AND ENDANGERED SPECIES, SENSITIVE SPECIES, AND
SPECIES OF CONSERVATION CONCERN AND THEIR HABITAT

T

1. Threatened and Endangered Species and Their Habitat. The location of sites within the permit area
needing special measures for protection of plants or animals listed as threatened or endangered under
the Endangered Species Act of 1973, 16 U.S.C. 531 et seq., as amended, or within designated critical
habitat shall be shown on a map in an appendix to this permit and may be shown on the ground. The
holder shall take any protective and mitigation measures specified by the authorized officer as necessary
and appropriate to avoid or reduce effects on listed species or designated critical habitat affected by the
authorized use and occupancy. Discovery by the holder or the Forest Service of other sites within the
permit area containing threatened or endangered species or designated critical habitat not shown on the
map in the appendix shall be promptly reported to the other party and shall be added to the map.

R
AF

2. Sensitive Species and Species of Conservation Concern and Their Habitat. The location of sites
within the permit area needing special measures for protection of plants or animals designated by the
Regional Forester as sensitive species or as species of conservation concern pursuant to FSM 2670 shall
be shown on a map in an appendix to this permit and may be shown on the ground. The holder shall take
any protective and mitigation measures specified by the authorized officer as necessary and appropriate
to avoid or reduce effects on sensitive species or species of conservation concern or their habitat affected
by the authorized use and occupancy. Discovery by the holder or the Forest Service of other sites within
the permit area containing sensitive species or species of conservation concern or their habitat not shown
on the map in the appendix shall be promptly reported to the other party and shall be added to the map.

D

H. CONSENT TO STORE HAZARDOUS MATERIALS. The holder shall not store any hazardous
materials at the site without prior written approval from the authorized officer. This approval shall not be
unreasonably withheld. If the authorized officer provides approval, this permit shall include or, in the case
of approval provided after this permit is issued, shall be amended to include specific terms addressing the
storage of hazardous materials, including the specific type of materials to be stored, the volume, the type
of storage, and a spill or release prevention and control plan. Such terms shall be proposed by the holder
and are subject to approval by the authorized officer.

1. If the holder receives consent to store hazardous material, the holder shall identify to the Forest
Service any hazardous material to be stored at the site. Such identification information shall be consistent
with column (1) of the table of hazardous materials and special provisions enumerated at 49 CFR
172.101 whenever the hazardous material appears in that table. For hazard communication purposes,
the holder shall maintain Material Safety Data Sheets for any stored hazardous chemicals, consistent with
29 CFR 1910.1200(c) and (g). In addition, all hazardous materials stored by the holder shall be used,
labeled, stored, transported, and disposed of in accordance with all applicable federal, state, and local
laws and regulations. Any hazardous material transportation and disposal manifests shall clearly identify
the holder as the generator of the hazardous waste.

2. If hazardous materials are used or stored at the site, the authorized officer may require the holder to
deliver and maintain a surety bond in accordance with clause IV.L.
Page 15 of 30

3. The holder shall not release any hazardous materials onto land or into rivers, streams,
impoundments, or into natural or artificial channels leading thereto. All prudent and safe attempts must
be made to contain any release of these materials. The authorized officer may specify conditions that
must be met, including conditions more stringent than those in applicable federal, state, and local laws
and regulations, to prevent releases and protect natural resources.
4. If the holder uses or stores hazardous materials at the site, upon revocation or termination of this
permit the holder shall provide the Forest Service with a report certified by a professional or professionals
acceptable to the Forest Service that the permit area is uncontaminated by the presence of hazardous
materials and that there has not been a release or discharge of hazardous materials upon the permit
area, into surface water at or near the permit area, or into groundwater below the permit area during the
term of the permit. If a release or discharge has occurred, the professional or professionals shall
document and certify that the release or discharge has been fully remediated and that the permit area is
in compliance with all applicable federal, state, and local laws and regulations.

T

I. WATER WELLS AND ASSOCIATED PIPELINES

R
AF

1. Other Jurisdictional Requirements. Clause IV.E governs water rights and water facilities. The holder
shall obtain all required state and local water permits, licenses, registrations, certificates, or rights and
shall provide a copy of them to the authorized officer. For new wells, this information shall be provided
prior to disturbing NFS lands for the purpose of water use or development.
2. Well Construction or Development. For new or reconstruction of existing wells, the holder shall
prepare a well construction and development plan and submit it to the authorized officer for approval.
The well development and construction plan must have prior written approval from the authorized officer
before well construction or development is initiated. The holder shall follow applicable federal, state, and
local standards for design, construction, and development of new wells or reconstruction of existing wells.
If such standards do not exist, the holder shall follow applicable standards issued by the American
Society for Testing and Materials (ASTM), American Water Works Association (AWWA), or National
Ground Water Association (NGWA). The construction and development plan must identify all potential
sources for any proposed water injection during well construction or development. Only non-chlorinated,
potable water may be injected during construction or development of wells to be used for monitoring or
water withdrawal. Copies of all documentation for drilling, constructing, or developing wells, including all
drilling, boring, and well construction logs, shall be provided to the authorized officer within 60 days of
completion of work.

D

3. Well Decommissioning. The holder shall properly decommission and abandon all wells that are no
longer needed or maintained in accordance with applicable federal, state, and local standards for water
well abandonment. If such standards do not exist, the holder shall follow applicable standards issued by
the ASTM, AWWA, or NGWA. At least 30 days prior to initiation of well decommissioning, the holder shall
submit a well decommissioning plan to the authorized officer. The well decommissioning plan shall have
written approval from the authorized officer before well decommissioning is initiated. All documentation of
well decommissioning shall be provided to the authorized officer within 60 days of completion of the work.
J. FEDERAL SURVEY MONUMENTS, CORNERS, and BOUNDARY MARKERS. The holder shall
protect in place all federal survey monuments, corners, and boundary markers in the permit area. If any
federal survey monuments, corners, or boundary markers in the permit area are destroyed or modified,
the holder shall ensure that they are reestablished or corrected in accordance with (1) the Manual of
Instructions for the Survey of the Public Land of the United States; (2) the applicable county surveyor’s
specifications; and (3) the specifications of the Forest Service, as applicable. The holder shall ensure
that any official survey records that were affected due to the destruction or modification of any federal
survey monuments, corners, or boundary markers are amended in accordance with applicable law.
Nothing in this clause shall relieve the holder of liability for the willful destruction or modification of any
federal survey monuments, corners, or boundary markers as provided in 18 U.S.C. 1858.

Page 16 of 30

VI. LAND USE FEE AND DEBT COLLECTION

A. LAND USE FEE. The use or occupancy authorized by this permit is exempt from a land use fee
pursuant to 36 CFR 251.57 and Forest Service Handbook 2709.11, Chapter 30.

T

A. LAND USE FEE. The holder shall pay an annual land use fee of $#AMOUNT# for the period from
[ ] to [ ] and thereafter annually on [ ], in the amount of $#AMOUNT#.

R
AF

A. LAND USE FEE. [From FSH 2709.11, Chapter 50, insert clause A-16 for organizational camps or
clauses A-I and A-2 for uses subject to the graduated rate fee system.]
B. MODIFICATION OF THE LAND USE FEE. The land use fee may be revised whenever necessary to
reflect the market value of the authorized use or when the fee system used to calculate the land use fee
is modified or replaced.
C. LAND USE FEE PAYMENTS

1. Crediting of Payments. Payments shall be credited on the date received by the deposit facility, except
that if a payment is received on a non-workday, the payment shall not be credited until the next workday.
2. Disputed Land Use Fees. Land use fees are due and payable by the due date. Disputed land use
fees, other than land use fees recalculated pursuant to an audit, must be paid in full. Adjustments will be
made if dictated by an administrative appeal decision, a court decision, or settlement terms.

D

3. Late Payments

(a) Interest. Pursuant to 31 U.S.C. 3717 et seq., interest shall be charged on any land use fee not paid
within 30 days from the date it became due. The rate of interest assessed shall be the higher of the
Prompt Payment Act rate or the rate of the current value of funds to the United States Treasury (i.e., the
Treasury tax and loan account rate), as prescribed and published annually or quarterly by the Secretary
of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Interest
on the principal shall accrue from the date the land use fee is due.
(b) Administrative Costs. If the account becomes delinquent, administrative costs to cover processing
and handling the delinquency shall be assessed.
(c) Penalties. Pursuant to 31 U.S.C. 3717(e)(2), a penalty of 6% per year shall be assessed on the total
amount of any debt, including interest and administrative costs, that is more than 90 days delinquent.
The penalty shall accrue from the same date on which interest charges begin to accrue.

Page 17 of 30

(d) Termination for Nonpayment. This permit shall terminate if the holder fails to pay any land use fee,
interest, or any other changes within 90 calendar days of the due date. The holder shall remain
responsible for the delinquent charges.
4. Administrative Offset and Credit Reporting. Delinquent land use fees and other charges associated
with the permit shall be subject to all rights and remedies afforded the United States pursuant to
31 U.S.C. 3711 et seq. and its implementing regulations. Delinquencies are subject to any or all of the
following:
(a) Administrative offset of payments due the holder from the Forest Service.
(b) If in excess of 120 days, referal to the United States Department of the Treasury for appropriate
collection action as provided by 31 U.S.C. 3711(g)(1) and its implementing regulations.
(c) Offset by the Secretary of the Treasury of any amount due the holder, as provided by 31 U.S.C.
3720A et seq.

T

(d) Disclosure to consumer or commercial credit reporting agencies.

R
AF

D. ACCESS TO RECORDS. For purposes of administering this permit (including ascertaining that the
correct land use fee was paid), the holder shall make all accounting books and supporting records for the
authorized operations, as well as those of lessees operating in the permit area, available for review by the
Forest Service or other federal agencies authorized to review Forest Service activities. Review of
accounting books and supporting records shall be made at dates convenient to the holder and reviewers.
Financial information shall be kept confidential to the extent permitted by law. The holder shall retain
these records and keep them available for review for 5 years after they were generated, unless otherwise
approved by the authorized officer in writing.

D

E. ACCOUNTING RECORDS. The holder shall follow generally accepted accounting principles or
another comprehensive basis of accounting acceptable to the Forest Service in recording financial
transactions and in reporting financial results to the authorized officer. When requested by the authorized
officer, the holder at its own expense shall have annual accounting reports for the authorized operations
audited or prepared by a licensed independent accountant acceptable to the Forest Service. The holder
shall require lessees to comply with these same requirements. At a minimum, the holder’s and lessees’
accounting system shall include:
1. Systematic internal controls, including recording by type of business the gross receipts derived from all
operations conducted under this permit. Gross receipts should be recorded daily and, if possible,
deposited into a bank account without reduction for disbursements. Receipt entries shall be documented
by cash register tapes, sale invoices, rental records, cash accounts from other sources, or some other
means.
2. A permanent record of capital investments in facilities (including a depreciation schedule).
3. Generation and maintenance of other records and accounts as may be specified by the authorized
officer.
VII. REVOCATION, SUSPENSION, AND TERMINATION
A. REVOCATION AND SUSPENSION
Page 18 of 30

1. The authorized officer may revoke or suspend this permit in whole or in part:
(a) For noncompliance with federal, state, or local law;
(b) For noncompliance with the terms of this permit;
(c) For abandonment or other failure of the holder to exercise the privileges granted; or
(d) At the discretion of the authorized officer, for specific and compelling reasons in the public interest.
2. The authorized officer may revoke this permit at the request of the holder. Revocation at the request
of the holder must be agreed to in writing by the authorized officer. As a condition of revocation of this
permit at the request of the holder, the authorized officer has discretion to impose any terms deemed
appropriate as provided for in this permit.

T

3. Prior to revocation or suspension, other than revocation at the request of the holder under clause
VII.A.2 and immediate suspension under clause VII.C, the authorized officer shall give the holder written
notice of the grounds for revocation or suspension. In the case of revocation or suspension based on
clause VII.A.1(a), VII.A.1(b), or VII.A.1(c), the authorized officer shall give the holder a reasonable period,
not to exceed 90 days, to cure any noncompliance.

D

R
AF

B. REVOCATION FOR SPECIFIC AND COMPELLING REASONS IN THE PUBLIC INTEREST. The
authorized officer may revoke this permit during its term if the Forest Service determines based on a land
management planning decision that the use and occupancy authorized by this permit should be changed
for specific and compelling reasons in the public interest, other than a determination under clause IV.F
that the authorized improvements or the permit area cannot be safely occupied. Prior to revoking the
permit under this clause, the authorized officer shall give the holder 90 days written notice, provided that
the authorized officer may prescribe a shorter notice period if justified by the public interest. The Forest
Service shall then have the right to remove or relocate the authorized improvements, to require the holder
to remove or relocate them, or to purchase them. Removal or relocation by the Forest Service of the
authorized improvements shall be accepted by the holder in full satisfaction of all claims against the
United States under this clause. If the Forest Service requires the holder to remove or relocate the
authorized improvements or purchases them, the Forest Service shall be obligated to pay the lesser of (1)
the cost of removal or relocation of the authorized improvements or (2) the value of the authorized
improvements as determined by the Forest Service through an appraisal of their replacement cost, less
an allowance for depreciation of all types. If that amount is fixed by agreement between the authorized
officer and the holder, that amount shall be accepted by the holder in full satisfaction of all claims against
the United States under this clause. If agreement is not reached, the authorized officer shall determine
the amount to be paid, which shall be set forth in the revocation decision. A payment made pursuant to
this clause is subject to the availability of appropriations. Nothing in this permit implies that Congress will
appropriate funds to cover a deficiency in appropriations.

C. IMMEDIATE SUSPENSION. The authorized officer may immediately suspend this permit in whole or
in part when necessary to protect public health or safety or the environment. The suspension decision
shall be in writing. The holder may request an onsite review with the authorized officer’s superior of the
adverse conditions prompting the suspension. The authorized officer’s superior shall grant this request
within 48 hours. Following the onsite review, the authorized officer’s superior shall promptly affirm,
modify, or cancel the suspension.
D. APPEALS AND REMEDIES. Written decisions made by the authorized officer relating to
administration of this permit are subject to administrative appeal pursuant to 36 CFR Part 214, as
amended. Revocation or suspension of this permit shall not give rise to any claim for damages by the
holder against the Forest Service, other than as provided in clause VII.B.

Page 19 of 30

E. TERMINATION. This permit shall terminate when by its terms a fixed or agreed upon condition,
event, or time occurs without any action by the authorized officer. Examples include but are not limited to
expiration of the permit by its terms on a specified date and, in the case of a permit issued to a business
entity, termination upon change of control of the business entity and issuance of a new permit to another
party for the use and occupancy authorized in this permit. Termination of this permit is not subject to
administrative appeal and shall not give rise to any claim for damages by the holder against the Forest
Service.

T

F. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT
ISSUANCE OF A NEW PERMIT. Except as provided in clause VII.B, upon revocation of this permit or
termination of this permit without issuance of a new permit, the authorized officer has the discretion to
require the holder to sell or remove all structures and improvements, except those owned by the United
States, within a reasonable period prescribed by the authorized officer and to restore the site to the
satisfaction of the authorized officer. If the holder fails to sell or remove all structures or improvements
within the prescribed period, they shall become the property of the United States and may be sold,
destroyed, or otherwise disposed of without any liability to the United States. However, the holder shall
remain liable for all costs associated with their removal, including costs of sale and impoundment,
cleanup, and restoration of the site.

R
AF

G. CONTINUATION OF OBLIGATIONS AND LIABILITIES BEYOND EXPIRATION OR
REVOCATION. Notwithstanding the termination or revocation of this permit, its terms shall remain in
effect and shall be binding on the holder and the holder’s personal representative, successors, and
assignees until all the holder’s obligations and liabilities accruing before or as a result of termination or
revocation of this permit have been satisfied.

D

H. TERMINATION FOR THE DEVELOPMENT OF HYDROELECTRIC POWER OR RECLAMATION
PURPOSES. Any lands covered by this permit which have been withdrawn for hydroelectric power under
the act of March 3, 1879, or the act of June 25, 1910, or are covered by an application or license
governed by the Federal Power Act of June 10, 1920, are subject at any time to use for the development
of hydroelectric power. Any lands covered by this permit which have been withdrawn under the
Reclamation Act of June 17, 1902, are subject at any time to use for reclamation purposes. This permit is
issued with the specific understanding that (1) the use and occupancy authorized by this permit shall not
interfere with such development of hydroelectric power or reclamation and that (2) the permit shall
terminate after 90 days written notice when, in the judgment of the Federal Power Commission, the lands
in question are needed for the development of hydroelectric power or, in the judgment of the Bureau of
Reclamation, the lands in question are needed for reclamation purposes. The holder shall have 90 days
to remove the authorized improvements. Termination under this clause does not constitute revocation for
specific and compelling reasons in the public interest under clause VII.B and shall not give rise to any
claim by the holder against the Federal Power Commission, the Bureau of Reclamation, the Forest
Service, or hydroelectric power licensees for damages, including lost profits and damage to
improvements, due to such development of hydroelectric power or reclamation.
VIII. MISCELLANEOUS PROVISIONS
A. MEMBERS OF CONGRESS. No member of or delegate to Congress or resident commissioner shall
benefit from this permit either directly or indirectly, except to the extent the authorized use provides a
general benefit to a corporation.
B. CURRENT ADDRESSES. The holder and the authorized officer shall keep each other informed of
current mailing addresses, including those necessary for billing and payment of land use fees.

Page 20 of 30

C. SUPERSEDED PERMIT. This permit supersedes a special use permit designated
#PREV_REISSUE_HOLDER#, #PREV_AUTH_ID#, dated #PREV_REIS_ISSUE_DATE#.
D. MERGER CLAUSE. This permit, and any appendices incorporated into this permit by
reference, constitute the complete understanding of the parties to this permit as to the rights,
duties, and obligations of each party as of the date of issuance of this permit. If there are any
inconsistencies between any of the preceding clauses and any of the subsequent clauses, the preceding
clauses shall govern.
THIS PERMIT IS ACCEPTED SUBJECT TO ALL ITS TERMS.

T

BEFORE THIS PERMIT IS ISSUED TO AN ENTITY, DOCUMENTATION MUST BE PROVIDED TO
THE AUTHORIZED OFFICER OF THE AUTHORITY OF THE SIGNATORY FOR THE ENTITY TO BIND
IT TO THE TERMS OF THIS PERMIT.

ACCEPTED:

R
AF

[NAME AND TITLE OF PERSON SIGNING ON BEHALF OF HOLDER,
IF HOLDER IS AN ENTITY]
#HOLDER_NAME#

DATE

On [date], before me, a notary public in the State of __________, personally appeared [name of holder], known
to me to be the person who signed the permit as the holder.
____________________
Notary Public for the State of __________
My commission expires [date]

D

APPROVED:

#AUTHORIZED OFFICER NAME#
#TITLE#
______________________ National Forest
USDA Forest Service

DATE

PAPERWORK REDUCTION ACT STATEMENT
According to the Paperwork Reduction Act of 1995, a Federal agency may not conduct or sponsor, and a person is not required to
respond to, an information collection request unless it displays a valid Office of Management and Budget (OMB) control number.
The valid OMB control number for this information collection request is 0596-0082. Response to this information collection request
is required to obtain or retain benefits, specifically, a special use authorization. The authority for this information collection request is
the Act of March 4, 1915, 16 U.S.C. 497. The time required to complete this information collection request is estimated to average 1
hour per response, including the time for reviewing instructions, searching existing data sources, collecting and maintaining the data
needed, and completing and reviewing the information collection request. Send comments regarding this burden estimate or any
other aspect of this information collection request, including suggestions for reducing the burden, to Forest Service Information
Collections Officer, SM.FS.InfoCollect@usda.gov, with OMB control number 0596-0082 in the subject line.
PRIVACY ACT STATEMENT

Page 21 of 30

Pursuant to 5 U.S.C. § 552a(e)(3), this Privacy Act statement serves to inform you of the following concerning the collection of the
information on this form.
Purpose: The Privacy Act of 1974 requires that the Director of Recreation, Heritage, and Volunteer Resources staff and the
Director of Lands, Minerals, and Geology Management staff provide the following statements to individuals from whom they request
information.
Authority: Collection of this information solicited on this form is authorized by the Act of March 4, 1915, 16 U.S.C. 497.
.
Routine Uses: The information collected will be used by Forest Service officials to ensure that your use of National Forest System
lands is administered in accordance with applicable statutes, regulations, and directives. The information collected from you is
retained in the Special Uses Data System (SUDS) and is retrieved by the Forest Service create reports for the Agency’s Special
Uses Program, generate bills for collection of land use fees for your authorization, monitor compliance with your special use
authorization, and other matters pertaining to administration of your special use authorization. SUDS is a component of the Forest
Service’s Natural Resources Manager database (NRM). A complete list of the routine uses of NRM can be found in the system of
records notice associated with this form, FS-24.

T

Disclosure: The submission of this information is required to obtain or retain benefits, specifically, a special use authorization.
NONDISCRIMINATION STATEMENT

R
AF

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the
USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from
discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income
derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or
activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by
program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print,
audiotape, American Sign Language, etc.) should contact the the State or local Agency that administers the program or contact
USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made
available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at
How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the
letter all the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit the completed
form or letter to USDA by (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400
Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.

D

USDA is an equal opportunity provider, employer, and lender.

Page 22 of 30

APPENDIX A

D

R
AF

T

MAP OF THE PERMIT AREA

Page 23 of 30

APPENDIX B

D

R
AF

T

MASTER DEVELOPMENT PLAN

Page 24 of 30

APPENDIX C

D

R
AF

T

SITE DEVELOPMENT SCHEDULE

Page 25 of 30

APPENDIX D

D

R
AF

T

OPERATING PLAN

Page 26 of 30

APPENDIX E

D

R
AF

T

INITIAL AND FOLLOW-UP ENVIRONMENTAL SITE ASSESSMENTS

Page 27 of 30

APPENDIX F
AUTHORIZED IMPROVEMENTS

The following facilities are authorized by this permit:
A. Land-Based

D

R
AF

T

B. Water-Based

Page 28 of 30

APPENDIX G
AUTHORIZED SERVICES

D

R
AF

T

The services authorized under this permit are:

Page 29 of 30

APPENDIX G
GROSS FIXED ASSETS

$

Water-Based

$

$

D

R
AF

Total Value of Gross Fixed Assets

T

Land-Based

Page 30 of 30