FS-2700-14 Lease for Forest Service Administrative Sites

Special Use Administration

FS-2700-14 Administrative Site Lease

OMB: 0596-0082

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

FS-2700-14 (XX/202X)
OMB No. 0596-0082

U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
LEASE FOR FOREST SERVICE ADMINISTRATIVE SITES

AUTHORITY:
Section 8623 of the Agriculture Improvement Act of 2018, Pub. L. No. 115-334, 132 Stat. 4853,
16 U.S.C. 580d note
#LESSEE_NAME#, #LESSEE_ADD_LINE_1#, #LESSEE_ADD_LINE_2#, #LESSEE_ADD_LINE_3#, (the
lessee) #LESSEE_CITY#, #LESSEE_STATE# #LESSEE_ZIP# is authorized to use and occupy property on
National Forest System lands in the [name] National Forest, subject to the terms of this lease (the lease) and its
appendices.

This lease is for a Forest Service administrative site called [property name], and its associated National Forest
System lands, which cover #USE_ACRES# acres in the #TOWNSHIP_SECT_RANGE# #FIRST_DIVISION#
#FIRST_DIV_NAME_NUMBER#, #SECOND_DIVISION# SECOND_DIV_NAME_NUMBER#,
#THIRD_DIVISION# #THIRD_DIV_NAME_NUMBER# (the lease area), as shown on the map in Appendix A, for
purposes of [describe activities authorized].

The following are attached to and incorporated into this lease:

APPENDIX A:
APPENDIX B:
APPENDIX C:
APPENDIX D:
APPENDIX E:
APPENDIX F:
APPENDIX G:

Map of the Lease Area
Construction or Improvement Plan Authorized by this Lease
Operating Plan
Initial and Follow-Up Environmental Site Assessments
Federally Owned Improvements Covered by Property Insurance
In-Kind Consideration Agreement
Claim for In-Kind Consideration Costs

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I. GENERAL TERMS

A. AUTHORITY. This lease is issued pursuant to section 8623 of the Agriculture Improvement Act of 2018, Pub.
L. No. 115-334, 132 Stat. 4853, 16 U.S.C. 580d note, and 36 CFR Part 251, Subpart B, as amended, and is
subject to these provisions.

B. AUTHORIZED OFFICER. The authorized officer is the Regional Forester, the Forest or Grassland
Supervisor, a District Ranger, or the Station, Institute, or Area Director with delegated authority pursuant to Forest
Service Manual 2700.

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C. TERM. This lease shall expire at midnight on #EXPIRATION_DATE#. Expiration of this lease shall not
require notice, a decision document, or any environmental analysis or other documentation. Upon revocation or
termination of the lease, if the Forest Service determines that competitive interest exists in the use and occupancy
authorized by this lease, issuance of a new lease will be subject to a competitive offering. If the Forest Service
determines that no competitive interest exists, upon termination of the lease, a new lease may be issued to the
lessee.

D. CONTINUATION OF USE AND OCCUPANCY. Upon expiration of this lease, the use and occupancy
authorized by this lease may not continue unless a new lease is issued. The authorized officer may prescribe
new terms when a new lease is issued. Prior to expiration of this lease, the lessee may apply for a new lease that
would renew the use and occupancy authorized by this lease. Applications for a new lease must be submitted at
least 6 months prior to expiration of this lease. Continuation of the use and occupancy authorized by this lease
shall be at the sole discretion of the authorized officer. At a minimum, before renewing the use and occupancy
authorized by this lease, the authorized officer shall require that (1) the use and occupancy to be authorized by
the new lease is consistent with the direction in the applicable land management plan; (2) the type of use and
occupancy to be authorized by the new lease is the same as the type of use and occupancy authorized by this
lease; and (3) the lessee is in compliance with all the terms of this lease.

E. AMENDMENT. This lease 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 to incorporate new terms that may
be required by law, regulation, directive, the applicable land management plan, or projects and activities
implementing the land management plan pursuant to 36 CFR Part 218. [The terms of this lease shall be
amended as necessary every [number] years from the date of issuance to reflect changing laws,
regulations, directives, and conditions.] Any amendments to this lease under this clause must be in
writing and must be signed and dated by the authorized officer.
F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In exercising the
rights and privileges granted by this lease, the lessee 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
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that apply to the lease 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. RESERVATIONS. All rights not specifically and exclusively granted to the lessee are reserved to the Forest
Service, including:
1. The right of access to the lease area, including a continuing right of physical entry to the lease area and
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.
2. The right to use, administer, and dispose of all natural resources and improvements other than the authorized
improvements, including the right to use roads and trails and authorize others to use the lease area in any way
that is not inconsistent with the lessee's rights and privileges under this lease, after consultation with all parties
involved.

3. Except for any restrictions that the lessee and the authorized officer agree are necessary to protect the
installation and operation of authorized improvements, the lands and waters covered by this lease shall remain
open to the public for all lawful purposes.
H. ASSIGNABILITY. This lease is fully assignable, subject to the following conditions:

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1. The lessee shall be in compliance with all the terms of this lease.

2. Assignments shall have prior written approval of the authorized officer.

3. The authorized officer may modify the terms of this lease and the assignee shall agree in writing to comply
with the terms of the lease as modified.
4. Upon change in control of the business entity that holds this lease, this lease may be assigned to the party
acquiring control, provided that the conditions in clause I.H.1 through I.H.3 are met.
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.

II. IMPROVEMENTS

A. LIMITATIONS ON USE. Nothing in this lease gives or implies permission to build or maintain any facility or
improvement or to conduct any activity, unless specifically authorized by this lease per Appendix B. Any use not
specifically authorized by this lease per Appendix B, including new construction and reconstruction, rehabilitation,
and restoration of the authorized improvements, must be proposed in accordance with 36 CFR 251.54 or
251.61. Approval of such a proposed use through issuance of a new lease or lease 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 lease area, as well as revisions to those drawings, must be prepared by a professional
engineer, architect, landscape architect, or other qualified professional acceptable to the authorized officer.
These plans and plan revisions must have written approval from the authorized officer before they are
implemented. The authorized officer may require the lessee to furnish as-built drawings, maps, or surveys upon
completion of the work.
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C. SITE DEVELOPMENT SCHEDULE. The lessee and the Forest Service jointly shall prepare a site
development schedule, which shall become part of this lease, before any construction occurs in the lease area.
The site development schedule shall list approved construction and improvement in the lease area in order of
priority, the starting date for their construction, and the due date for their completion. All required plans and
specifications for construction and improvement 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 lessee may accelerate the scheduled date for completion of any construction or improvement, as long as the
other scheduled construction or improvement is 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.
D. REQUIREMENTS FOR CONSTRUCTION, RECONSTRUCTION, AND ALTERATION. The lessee shall
comply with all applicable state and local zoning laws, building codes, and permit requirements for any
construction, reconstruction, or alteration of improvements in the lease area.

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III. OPERATIONS

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

A. OPERATING PLAN. The lessee 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 lease. The operating plan shall outline steps the
lessee 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 lessee’s operations for compliance with the terms of this
lease. The operating plan shall be submitted by the lessee and approved in writing by the authorized officer or
the authorized officer’s designated representative prior to commencement of operations and shall be attached to
this lease as Appendix C. Any operating plan revisions shall be submitted by the lessee 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 lessee to discuss the terms of the lease or operating
plan, annual use reports, or other concerns either party may have.
B. PERIOD OF USE. Use or occupancy of the lease area shall be exercised in accordance with the following
schedule [explain period of use as days of the week, operating hours, days per year, and/or a calendar
incorporated by reference].

C. RESPONSIBILITY FOR DAY-TO-DAY ACTIVITIES. As a general rule, the lessee shall conduct the day-today activities authorized by this lease. A limited amount of activities may be conducted by a party other than the
lessee, but only with prior written approval of the authorized officer. The lessee shall continue to be responsible
for compliance with all the terms of this lease.
D. SUBLEASING. Subject to clause III.C, the lessee may sublease the authorized improvements that are
located within the lease area with the prior written approval of the authorized officer. The Forest Service reserves
the right to disapprove these subleases. The lessee shall remain responsible for compliance of the leased
improvements with all the terms of this lease. The lessee shall not lease back the authorized improvements to
the Forest Service.
E. REGULATION OF SERVICES AND RATES. The Forest Service shall have the authority to regulate the
adequacy and type of services provided the public under this lease and to require that these services conform to
satisfactory standards. The lessee may be required to furnish a schedule of prices for sales and services
authorized by the lease. These prices may be regulated by the Forest Service, provided that the lessee shall not
be required to charge prices significantly different from those charged by comparable or competing enterprises.
F. CONDITION OF OPERATIONS. The lessee shall maintain the authorized improvements and lease area to
standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and
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consistent with other provisions of this lease. 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.
G. ALTERATION OF FEDERALLY OWNED IMPROVEMENTS. If during the term of this lease any federally
owned facilities or improvements are altered in any way, the material, equipment, fixtures or other appurtenances
that are affixed to or made a part of those facilities or improvements in connection with the alteration shall become
the property of the United States, regardless of whether the work is performed by the lessee or any other party.
The lessee shall not be entitled to any compensation for that property.
H. MONITORING BY THE FOREST SERVICE. The Forest Service shall monitor the lessee's operations and
reserves the right to inspect the lease area and authorized facilities and improvements at any time for compliance
with the terms of this lease. The lessee shall comply with inspection requirements deemed appropriate by the
authorized officer. The lessee’s obligations under this lease are not contingent upon any duty of the Forest
Service to inspect the lease area or authorized facilities or improvements. A failure by the Forest Service or other
governmental officials to inspect is not a justification for noncompliance with any of the terms of this lease.

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I. CUTTING, DISPOSAL, AND PLANTING OF VEGETATION. This lease 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 representative has approved in writing and marked or
otherwise identified what may be cut, destroyed, or trimmed. The lessee 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 lease 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 lease area must have prior written
approval from the authorized officer.
J. USE OF NATIONAL FOREST SYSTEM ROADS AND NATIONAL FOREST SYSTEM TRAILS. The lessee’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.
K. SIGNAGE. Signage posted on National Forest System lands must have prior written approval of the
authorized officer.

L. REFUSE DISPOSAL. The lessee 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 lease.
M. 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.

N. SALE OF ALCOHOLIC BEVERAGES. The sale of [liquor, beer, wine, and other types of alcoholic
beverages] is allowed in the lease area, provided the lessee 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
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beverages shall cease. The lessee shall be informed in writing by the authorized officer if the sale of alcoholic
beverages must cease.
O. GAMBLING. Gambling and gambling machines and devices are prohibited on National Forest System lands,
regardless of whether they are lawful under state or local law.
P. NONDISCRIMINATION
1. The lessee 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 lessee 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 lessee shall include and require compliance with the above nondiscrimination provisions in any third-party
agreement made with respect to the operations authorized under this lease.

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 lease area and at other exterior or interior locations, as
directed by the Forest Service.

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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.
Q. EQUAL ACCESS TO FEDERAL PROGRAMS. In addition to the above nondiscrimination policy, the lessee
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.
R. PROHIBITION OF TIME-SHARE ARRANGEMENTS. The authorized facilities and improvements shall not
be operated under a time-share or interval-ownership arrangement. All authorized improvements, for recreational
purposes, shall be made available to the general public on a short-term rental basis.
S. LESSEE’S REPRESENTATIVE. The lessee or the lessee’s designated representative shall be within the
lease area at all times when the authorized facilities and improvements are open to the public. The lessee shall
notify the authorized officer in writing who the lessee’s representative will be.

T. LESSEE'S AND USERS' CONDUCT. Disorderly or otherwise objectionable conduct by the lessee or those
occupying the lease area with the lessee's permission shall be cause for revocation or suspension of this lease.
USER NOTES FOR CLAUSE III.U.>

U. INVASIVE SPECIES PREVENTION AND CONTROL. The lessee shall be responsible for the prevention
and control of invasive species, including invasive plants, within the lease area. For purposes of this clause,
invasive plants include non-native species recognized as such by the Forest Service, which are generally, but are
not limited to, state-listed noxious weeds. The lessee shall follow invasive species prevention and control
measures prescribed by the operating plan.
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.

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IV. RIGHTS AND LIABILITIES
A. LEGAL EFFECT OF THE LEASE AND APPEAL RIGHTS. This lease is not real property and may not be
used as collateral for a loan. The benefits and requirements conferred by this lease are reviewable solely under
the procedures set forth in 36 CFR Part 214 and 5 U.S.C. 704.
B. VALID EXISTING RIGHTS. This lease is subject to all valid existing rights. Valid existing rights include
those derived under mining and mineral leasing laws of the United States. The United States is not liable to the
lessee for the exercise of any such right.
C. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The parties to this lease do not intend to confer any
rights on any third party as a beneficiary under this lease.

E. WATER FACILITIES AND WATER RIGHTS

D. NO WARRANTY OF ACCESS, SITE SUITABILITY, OR SERVICES. This lease authorizes the use and
occupancy of National Forest System lands by the lessee for the purposes identified in this lease. The Forest
Service does not make any express or implied warranty of access to the lease area, of the suitability of the site 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.

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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 National Forest
System (NFS) lands may be initiated, developed, certified, or adjudicated by the lessee unless expressly
authorized in this lease. The authorization of any water facilities in the lease area is granted to allow use of water
only in connection with the administrative site authorized by this lease. If the use of any water facilities in
connection with this administrative site 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 lease shall result in
termination of the authorization for that water facility.

2. Water Rights. This lease 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 lessee in accordance with State law and the
terms of this lease. After this lease is issued, all water rights obtained by the lessee 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 lessee 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.
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

Location
of Use

F. RISK OF LOSS. The lessee assumes all risk of loss to the authorized improvements and all risk of loss of
use and occupancy of the lease 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 lease area may result from but is
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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 lease 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 lease shall terminate. If the authorized officer
determines that the lease area cannot be safely occupied due to a public health or safety or environmental
hazard, this lease shall terminate. Termination under this clause shall not give rise to any claim for damages,
including lost profits, by the lessee against the Forest Service.
G. DAMAGE TO UNITED STATES PROPERTY. The lessee 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 lease. Damage includes but is not limited to destruction of or damage to National Forest System lands,
fire suppression costs, and destruction of or damage to federally owned improvements.

1. The lessee shall be liable for all injury, loss, or damage, including fire suppression, prevention and control of
the spread of invasive species, and the costs of rehabilitation or restoration of natural resources, resulting from
the lessee’s use and occupancy of the lease 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.K.

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2. The lessee shall be liable for damage to all roads and trails of the United States caused by use of the lessee
or the lessee's heirs, assignees, agents, employees, contractors, or sublessees 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 lessee shall take all measures necessary to protect the health and safety of all
persons affected by the use and occupancy authorized by this lease. The lessee 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 existing or occurring in connection with the authorized use and occupancy
during the term of this lease that causes or threatens to cause a hazard to the health or safety of the public or the
lessee’s employees, agents, contractors, or sublessees. The lessee shall as soon as pracaticable 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 lease to inspect the lease area or operations
of the lessee for hazardous conditions or compliance with health and safety standards.
I. ENVIRONMENTAL PROTECTION

1. Compliance with Environmental Laws. The lessee shall in connection with the use and occupancy authorized
by this lease 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., CERCLA, as amended, 42 U.S.C. 9601 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.
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.
3. Environmental Site Assessments (SAs). Except as provided in clause IV.H.3.c, the lessee is required to
submit for written approval by the authorized officer an initial SA prior to use and occupancy under this lease and
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a follow-up SA prior to termination or upon revocation of this lease. The initial and follow-up SAs shall be
incorporated into this lease as Appendix D.
(a) Purposes. The purpose of initial and follow-up SAs is to identify Recognized Environmental Conditions in the
lease area, that is, the presence or likely presence of any hazardous substances or petroleum products in, on, or
at the lease 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 lessee 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.

(b) Standard. All SAs must be conducted by the lessee’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 lessee 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.

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(c) Exceptions. If a new lease will be issued to the same lessee upon expiration of this lease, the follow-up SA
shall satisfy the requirement for an initial SA for the new lease. Initial and follow-up SAs are not required when
this lease is revoked with the consent of the lessee and a new lease is issued to the lessee for the balance of this
lease’s term or when this lease is reissued for the balance of its term to the lessee 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 lessee. When this lease is assigned, the lessee may rely on the initial SA performed by the
future lessee, provided that it is accepted by the authorized officer prior to assignment of this lease.
(d) Cleanup or Other Remedial Action Based on the Initial SA. If the initial SA shows that a hazardous material
release is present in the lease area, and cleanup or other remedial action is required to accommodate the
lessee’s intended use, then the lessee shall be responsible for any cleanup or other remedial action that the
Forest Service determines to be required in the lease area based on the initial SA. The level of cleanup or other
remedial action shall be commensurate with the lessee’s intended use and occupancy of the lease area and shall
be completed before the lessee’s use and occupancy commence.

4. Oil Discharges and Release of Hazardous Materials. The lessee 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 lease 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 lessee 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 lease
area which may be harmful to public health or welfare or which may adversely affect natural resources on federal
lands.

5. Remediation of Release of Hazardous Materials. The lessee shall remediate any release, threat of release, or
discharge of hazardous materials that occurs in connection with the lessee’s activities in the lease area, including
activities conducted by the lessee's agents, employees, contractors, or sublessees and regardless of whether
those activities are authorized under this lease. The lessee shall perform remediation in accordance with
applicable law immediately upon discovery of the release, threat of release, or discharge of hazardous
materials. The lessee 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 lease, the lessee shall deliver the site to the Forest
Service in compliance with all applicable laws and regulations and free and clear of contamination.

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J. INDEMNIFICATION OF THE UNITED STATES. The lessee 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 lessee in connection with the use or occupancy authorized by this lease. This indemnification
provision includes but is not limited to acts and omissions of the lessee or the lessee's heirs, assignees, agents,
employees, contractors, or sublessees in connection with the use or occupancy authorized by this lease 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 lessee to replace, repair, restore, or
otherwise undertake necessary curative actions to mitigate damages in combination with or as an alternative to
monetary indemnification.

K. BONDING. The authorized officer shall require the lessee to furnish a surety bond or other security for any
construction or improvement authorized by this lease at a minimum to cover restoration of the lease area upon
completion of the work.

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1. As a further guarantee of compliance with the terms of this lease, the lessee 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 lease area after construction or upon revocation or termination of the
lease without issuance of a new lease]. The authorized officer may periodically evaluate the adequacy of the
bond or other security and increase or decrease the amount when there is a change in scope of the authorized
facilities or ancillary improvements. If the bond or other security becomes unsatisfactory to the authorized officer,
the lessee 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 lessee 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.
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 lessee 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 lessee may be required to obtain additional bonding or security at the discretion of the authorized officer
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 lease area restored.

L. INSURANCE. The lessee shall furnish proof of insurance, such as a certificate of insurance, to the
authorized officer prior to issuance of this lease and each year thereafter that this lease is in effect. The Forest
Service reserves the right to review and approve 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 lessee 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 lessee 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 lessee. The lessee shall give 30 days prior written notice
to the authorized officer of cancellation of or any modification to the insurance policy. The certificate of insurance,
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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 other
insurance requirements are subject to change at the sole discretion of the authorized officer on the anniversary
date of this lease.
1. Liability. The lessee shall have in force liability insurance covering losses associated with the use or
occupancy authorized by this lease arising from personal injury or death and third-party property damage in the
minimum amount of $#AMOUNT# as a combined single limit per occurrence.

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2. Property. The lessee shall have in force property insurance at a minimum for each of the authorized federally
owned improvements listed in Appendix E of this lease, in the minimum amount per occurrence listed for each of
those improvements in Appendix E, for a total minimum amount per occurrence of $#AMOUNT#. The types of
loss to be covered by clause IV.L.2 shall include but not be limited to damage to the federally owned
improvements listed in Appendix E. The United States shall be included as an additional insured in an
endorsement to the property insurance policy. At the sole discretion of the authorized officer, the Forest Service
may require the lessee to use all proceeds from property insurance policies to repair, rebuild, restore, or replace
damaged federally owned property covered by the policy, or may obtain payment of those proceeds from the
lessee or the insurance company.
3. Hazardous Materials. Depending on the lessee’s operations, the Forest Service may require the lessee to
demonstrate the availability of funds to address any release or threatened release of hazardous materials that
may occur in connection with the lessee's use or occupancy. Any requirements imposed would be established on
a case-by-case basis by the authorized officer based on the degree of environmental risk from the lessee's
operations. The storage and use of normal maintenance supplies in nominal amounts generally would not trigger
financial assurance requirements.
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 lease 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 leading into water except in full
compliance with all applicable federal, state, and local environmental and other laws.
B. SCENIC VALUES. The lessee shall protect the scenic values of the lease area and the adjacent land to the
greatest extent possible during operation and maintenance of the authorized improvements.
C. VANDALISM. The lessee shall take reasonable measures to prevent and discourage vandalism and
disorderly conduct and when necessary shall contact the appropriate law enforcement officer.
D. PESTICIDE USE
1. Authorized Officer Concurrence. Pesticides may not be used outside of buildings in the lease 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 National Forest System lands.
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 lessee shall, on the due date
established by the authorized officer, submit requests for any new, or continued, pesticide usage. The PesticidePage 11 of 22

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 an annual
Pesticide-Use Proposal was submitted.
3. Safety Plan. Before applying pesticides in the lease area, the lessee shall submit to the authorized officer a
safety plan that includes, at a minimum, a precise statement of the treatment objectives; a description of
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 lease; 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.

4. Reporting. By September 30th annually, the lessee 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.

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E. ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES. The lessee 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 lease. The lessee shall leave these discoveries intact and in place until otherwise directed by the
authorized officer.

F. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (NAGPRA). In accordance with
25 U.S.C. 3002(d) and 43 CFR 10.4, if the lessee inadvertently discovers human remains, funerary objects,
sacred objects, or objects of cultural patrimony on National Forest System lands, the lessee shall immediately
cease work in the area of the discovery and shall leave the discoveries intact and in place. The lessee 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 lessee 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
1. Threatened and Endangered Species and Their Habitat. The location of sites within the lease 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. 1531 et seq., as amended, or within designated critical habitat shall be shown on
a map in an appendix to this lease and may be shown on the ground. The lessee 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
lessee or the Forest Service of other sites within the lease 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.
2. Sensitive Species and Species of Conservation Concern and Their Habitat. The location of sites within the
lease 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 lease and may be shown on the ground. The lessee shall take any protective and mitigation
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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 lessee or the Forest Service of other sites within the lease 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.
H. CONSENT TO STORE HAZARDOUS MATERIALS. The lessee 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 lease shall include or, in the case of approval provided
after this lease 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 lessee and are subject to approval by
the authorized officer.

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1. The lessee shall identify to the authorized officer any hazardous materials to be stored in the lease area. This
identifying 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 lessee 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
lessee 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 lessee as the generator of the hazardous waste.
2. If hazardous materials are used or stored at the site, the authorized officer may require the lessee to deliver
and maintain an additional surety bond in accordance with clause IV.K.
3. The lessee shall not release any hazardous materials onto land or into rivers, streams, impoundments, or
natural or artificial channels leading to them. 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 lessee uses or stores hazardous materials at the site, upon revocation or termination of this lease the
lessee shall provide the Forest Service with a report certified by a professional or professionals acceptable to the
Forest Service that the lease area is uncontaminated by the presence of hazardous materials and that there has
not been a release or discharge of hazardous materials upon the lease area, into surface water at or near the
lease area, or into groundwater below the lease area during the term of the lease. 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 lease area is in compliance with all applicable federal, state, and local laws and
regulations.
I. WATER WELLS AND ASSOCIATED PIPELINES
1. Other Jurisdictional Requirements. The lessee 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 National Forest System lands for the purpose of water
use or development.
2. Well Construction or Development. For new or reconstruction of existing wells, the lessee 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 lessee 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
lessee 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
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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.
3. Well Decommissioning. The lessee 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 lessee shall follow applicable standards issued by the ASTM,
AWWA, or NGWA. At least 30 days prior to initiation of well decommissioning, the lessee 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. LEAD-BASED PAINT AND BUILDING MATERIALS CONTAINING ASBESTOS

Location

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1. Lead-Based Paint. Pursuant to a lead paint risk assessment, the Forest Service has determined that leadbased paint is present in the lease area at the following locations, concentrations, and quantities and in the
following condition:
Concentration

Quantity

Condition

[insert as applicable]

Notwithstanding any provision of law relating to the mitigation or abatement of lead-based paint, the Forest
Service is not required to mitigate or abate lead-based paint in the lease area before issuance of this lease.
Future construction in the lease area may trigger regulations issued by the United States Department of Housing
and Urban Development at 24 CFR Part 35, by the United States Department of Environmental Protection
Agency at 40 CFR Part 261, and by the Occupational Safety and Health Administration at 29 CFR 1926.62.
2. Building Materials Containing Asbestos. Pursuant to an asbestos survey, the Forest Service has determined
that the following types of building materials containing asbestos are present in the lease area at the following
locations and quantities and in the following condition:
Location

Quantity

Condition

Type

[insert as applicable]

Notwithstanding any provision of law relating to the mitigation or abatement of building materials containing
asbestos, the Forest Service is not required to mitigate or abate building materials containing asbestos in the
lease area before issuance of this lease. Future construction in the lease area, including renovation or
demolition, may trigger EPA regulations at 40 CFR 61.145 and OSHA regulations at 29 CFR 1926.1101.
3. Compliance with Applicable Requirements Relating to Lead-Based Paint and Building Materials Containing
Asbestos. The lessee shall comply with applicable federal, state, and local laws relating to the management of
lead-based paint and building materials containing asbestos.

K. FEDERAL SURVEY MONUMENTS, CORNERS, and BOUNDARY MARKERS. The lessee 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 lease area are destroyed or modified, the lessee 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 lessee 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
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in accordance with applicable law. Nothing in this clause shall relieve the lessee 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.
VI. RENT AND DEBT COLLECTION
A. DEFINITIONS
1. Government Maintenance, Repair, Improvement, Restoration, or Reconstruction. Maintenance, repair,
improvement, restoration, or reconstruction that arrests deterioration, improves and upgrades facilities, and
appreciably prolongs the life of the property, including but not limited to installing a new roof, new floor, or new
siding; rebuilding boilers; replacing pipes, pumps, and motors; repairing or maintaining the paths, lands, walks,
walls, or landscaping adjacent to federally owned structures; paving interior roads, sidewalks, curbs and gutters,
storm drain systems, upgrading facilities, and installing utilities; and performing exterior painting and refinishing
(other than repair of unsightly visual marks caused by everyday use) and that is performed at the sole discretion
of the authorized officer.

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2. Lessee Maintenance, Repair, or Restoration. Maintenance, repair, or restoration that neither materially adds
to the value of the property nor appreciably prolongs its life and that serves only to keep a facility in an ordinary,
efficient operating condition, such as, from an accounting or tax perspective, work that may be expensed, but not
capitalized, including but not limited to interior decorating, interior painting, vandalism repair, repair of broken
windows, light bulb replacement, cleaning, unplugging drains, drive belt replacement, preventive maintenance,
lubrication of motors, greasing, servicing, inspecting, oiling, adjusting, tightening, aligning, watering, weeding,
sweeping, waxing, routine housekeeping, and general snow removal.
3. Improvement. Advancing a fixed asset to a better quality or state or adding a new fixed asset to the property,
including replacement, such as substitution of a fixed asset or any of its components with one having essentially
the same capacity and purpose.
4. Maintenance or Repair. An action taken to keep a fixed asset in an acceptable condition, including preventive
maintenance, normal repairs, replacement of parts and structural components, and other activities needed to
preserve a fixed asset so that it continues to provide acceptable service and achieves its expected life, and work
needed to comply with laws, regulations, codes, and other legal requirements as long as the original intent or
purpose of the fixed asset is not changed, but not including activities aimed at expanding the capacity of an asset
or otherwise upgrading it to serve needs different from or significantly greater than those originally intended, such
as construction of new facilities.
5. Restoration or Reconstruction. A type of maintenance, other than construction of new facilities, that
rehabilitates an existing fixed asset or any of its components to restore the functionality or life of the asset.

B. MARKET VALUE RENT. The lessee shall pay rent for this lease that is at least market value. The market
value rent for this lease shall be based on:
1. The market value of the existing facilities and improvements in the lease area; and
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2. The market value of any new facilities or improvements to be constructed and the market value of any existing
facilities or improvements that have been subject to Government maintenance, repair, improvement, restoration,
or reconstruction. The rental rate for federal improvements shall be based on the market rental rate used for
improvements, as determined by the Forest Service. If the Forest Service is unable to determine a market rate
using local market information, the rate of 6% of the value of the federal improvements shall be used as a
minimum rate.
C. OPTION FOR PROVIDING FOREST SERVICE EMPLOYEE HOUSING. Space for Forest Service employee
housing may be reserved in constructed, reconstructed, or improved facilities or improvements in the lease area.
The Forest Service shall decrease the rent charged for these facilities or improvements proportionate to the space
reserved for Forest Service employee housing.
D. RENTAL PAYMENTS. The lessee shall pay an initial rent of $[amount] from [date] to [date] by [date] and
thereafter shall pay an annual rent of $[amount]. The lessee shall pay rent for this lease entirely in cash.

E. EXPENDITURE OF PROCEEDS FROM RENT. At its sole discretion and subject to its own plans,
specifications, and site development schedules, the Forest Service may spend without further appropriation the
proceeds from the rent charged for this lease for acquisition, improvement, maintenance, reconstruction, or
construction of a facility or improvement, as defined in the Forest Service Facility Realignment and Enhancement
Act of 2005, for the National Forest System. The Forest Service shall have access to the lease area for this work.
The Forest Service shall give the lessee notice of this work and shall coordinate with the lessee regarding the
timing of this work.

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