Form FS-2700-31 USDA Forest Service Electric Transmission Line Easement

Special Use Administration

FS_2700_31

Special Use Administration

OMB: 0596-0082

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

FS-2700-31 (12/06)
OMB No. 0596-0082

U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
ELECTRIC TRANSMISSION LINE EASEMENT
AUTHORITY:
Section 501(a)(4) of the Federal Land Policy and Management Act,
43 U.S.C. 1761(a)(4)

This electric transmission line easement for the [capacity and name of transmission line] (hereinafter “easement”),
dated ______, is granted by the United States, acting through the United States Department of Agriculture, Forest
Service (hereinafter ”grantor”), to [name], [a corporation or other entity] of the State of _______ (hereinafter
“grantee”).
The grantor, in consideration of an annual land use fee paid by the grantee, grants to the grantee, subject to
existing easements and other valid outstanding rights, a non-exclusive easement for an electric transmission line,
consisting of towers, poles, or other structures (including all necessary foundations, footings, cross-arms, and
other fixtures), cables, and underground and overhead wires, for the transmission of electric energy and
communications in conjunction with the authorized operations (hereinafter “transmission facilities”).
This easement is located across National Forest System lands in the County(ies) of ______, State of ________.
This easement encompasses approximately ____ acres and is ____feet wide and ___ feet long. This easement
covers #USE_ACRES# acres or #USE_MILES# miles in the #TOWNSHIP_SECT_RANGE# #FIRST_DIVISION#
#FIRST_DIV_NAME_NUMBER#, #SECOND_DIVISION# SECOND_DIV_NAME_NUMBER#,
#THIRD_DIVISION# #THIRD_DIV_NAME_NUMBER# (hereinafter “the easement area”), as shown on the map
attached as Appendix A.
The grantor further grants to the grantee:
1. The right of ingress to and egress from the easement area along private roads and trails that are
necessary to access the easement area (hereinafter "access roads and trails"), listed in Appendix C, and the
right to construct, reconstruct, and maintain the access roads and trails, in accordance with the following
provisions:
a. All plans for development, layout, construction, reconstruction, or alteration of access roads and trails, as
well as revisions to those plans, must be prepared by a licensed engineer 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 grantee to furnish asbuilt plans, maps, or surveys upon completion of the work.
b. The grantor does not have an obligation to maintain the access roads and trails.
c. The rights granted in this clause shall be subordinate to any easement on an access road or trail
subsequently granted by the United States to a local public road authority for a public road.
2. The right to install, maintain, and use gates and fences in the easement area with the prior written
approval of the authorized officer. All gates shall have reflective markings in accordance with Forest
Service Engineering Manual EM 7100-15.

The following are attached to and incorporated into this easement:
APPENDIX A:
APPENDIX B:
APPENDIX C:
APPENDIX D:

Maps, Surveys Plats, Site Plans, and Engineer Drawings of the Easement Area
Operating Plan
Listing of Access Roads and Trails
Listing of Ancillary Structures Other Than Roads, Towers, Poles, and Lines

This easement is granted subject to the following terms and conditions.
I. GENERAL TERMS
A. AUTHORITY. This easement is issued pursuant to Section 501(a)(4) of the Federal Land Policy and
Management Act, 43 U.S.C. 1761(a)(4), and 36 CFR Part 251, Subpart B, as amended, and is subject to their
provisions.
B. AUTHORIZED OFFICER. The authorized officer is the _____________________ or a subordinate official
with delegated authority.


C. TERM. This easement shall expire at midnight on ______ [insert date grantee’s FERC license expires], the
date the grantee’s license from the Federal Energy Regulatory Commission expires.

C. TERM. This easement shall expire at midnight on [insert date easement expires], [number of years] from the
date it is granted.
D. RENEWAL. This easement does not provide for renewal. At least two years before expiration of this
easement, the grantee may apply for a new easement that would renew the use and occupancy authorized by
this easement. Renewal of the use and occupancy authorized by this easement is at the sole discretion of the
authorized officer. At a minimum, before renewing the use and occupancy authorized by this easement, the
authorized officer shall require that (1) the use and occupancy to be authorized by the new easement is
consistent with the standards and guidelines in the applicable land management plan; (2) the type of use and
occupancy to be authorized by the new easement is the same as the type of use and occupancy authorized by
this easement; and (3) the grantee is in compliance with all the terms and conditions of this easement. The
authorized officer may prescribe new terms and conditions when a new easement is granted.
E. AMENDMENT. The terms and conditions of this easement shall be amended as necessary every [number]
years from the date of issuance to reflect changing laws, regulations, directives, and conditions. This easement
also may be amended at any time by written agreement of the grantor and the grantee.
F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In exercising the
rights and privileges granted by this easement, the grantee 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 easement area, to the extent they do not conflict with federal law, regulation, or
policy. The grantor 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 granted to the grantee are reserved to the grantor, including:
1. The right of access to the easement area, including a continuing right of physical entry to the easement
area for inspection, monitoring, or any other purpose consistent with any right or obligation of the United
States under any law or regulation.

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2. The right to use, administer, and dispose of all natural resources and improvements other than the
transmission facilities, including the right to use roads and trails and authorize rights-of-way and other uses in
the easement area in any way that is not inconsistent with the grantee's rights and privileges under this
easement, after consultation with all parties involved. Except for any restrictions that the grantee and the
grantor agree are necessary to protect the installation and operation of the transmission facilities, the
easement area shall remain open to the public for all lawful purposes.
H. ASSIGNMENT. This easement is fully assignable, subject to the following conditions:
1. The grantee shall be in compliance with all the terms and conditions of this easement.
2. Assignments shall have prior written approval of the authorized officer.
3. The authorized officer may modify the terms and conditions of this easement and the assignee shall agree
in writing to comply with the terms and conditions of the easement as modified.
4. Upon change in ownership of the transmission facilities or change in control of the business entity that
holds this easement, this easement may be assigned to the new owner or 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 easement gives or implies permission to build or maintain any
structure or facility or to conduct any activity unless specifically provided for in this easement. Any use not
specifically authorized by this easement must be proposed in accordance with 36 CFR 251.54. Approval of such
a proposal through issuance of a new easement or easement amendment is at the sole discretion of the
authorized officer.
B. PLANS. All plans for development, layout, construction, reconstruction, or alteration of improvements in the
easement area, as well as revisions to those plans, must be prepared by a licensed 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 grantee to furnish as-built plans, maps, or surveys upon completion of the work.
C. RELOCATION. This easement is granted with the express understanding that should future location of
federally owned improvements or road rights-of-way require relocation of the authorized improvements, the
relocation will be conducted by and at the expense of the grantee within a reasonable period specified by the
authorized officer.
III. OPERATIONS
A. OPERATING PLAN. The grantee shall prepare an operating plan in consultation with the authorized officer
or the authorized officer’s designated representative. The operating plan shall cover all operations authorized by
this easement. The operating plan shall outline steps the grantee 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
grantee’s operations for compliance with the terms and conditions of this easement. At a minimum, the operating
plan shall address access to and operation and maintenance of the transmission facilities, including dates or
season of operations, a vegetation management plan, and restrictions on use, such as fire restrictions,
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established by the grantor. The operating plan shall be submitted by the grantee and approved by the authorized
officer or the authorized officer’s designated representative prior to commencement of operations and shall be
attached to this easement as Appendix B. The operating plan shall be reviewed and updated as necessary by the
grantee and reapproved by the authorized officer at least every 5 years.
B. USE OF NATIONAL FOREST SYSTEM ROADS AND TRAILS. The grantee’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.
C. LEASING. The grantee may lease transmission facilities that are owned by the grantee with the prior written
approval of the authorized officer. The Forest Service reserves the right to disapprove these leases. The grantee
shall remain responsible for compliance of the leased transmission facilities with all the terms and conditions of
this easement.
D. CONDITION OF OPERATIONS. The grantee shall maintain the transmission facilities and easement area to
standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and
consistent with other provisions of this easement. Standards are subject to periodic change by the authorized
officer. The grantee shall comply with inspection requirements deemed appropriate by the authorized officer.
E. INSPECTION BY THE FOREST SERVICE. The grantor shall monitor the grantee's operations and reserves
the right to inspect the easement area and transmission facilities at any time for compliance with the terms of this
easement. The grantee’s obligations under this easement are not contingent upon any duty of the grantor to
inspect the easement area or transmission facilities. A failure by the grantor or other governmental officials to
inspect is not a defense to noncompliance with any of the terms and conditions of this easement.
F. REMOVAL AND PLANTING OF VEGETATION
1. Non-Emergency Removal. Except as provided in emergencies pursuant to clause III.F.2, trees, shrubs,
grasses, and other plants may be removed, destroyed, or trimmed only in accordance with the vegetation
management plan in Appendix B and only after the authorized officer or the authorized officer’s designated
representative has marked or otherwise identified what may be removed, destroyed, or trimmed. Timber cut
or destroyed shall be paid for at current stumpage rates for similar timber in the ______ National Forest. The
grantor reserves the right to dispose of the merchantable timber to those other than the grantee at no
stumpage cost to the grantee. Unmerchantable material shall be disposed of as directed by the authorized
officer. Planting of trees, shrubs, and other plants in the easement area must have prior written approval from
the authorized officer.
2. Emergency Removal. When power lines have been compromised by trees, shrubs, grasses, and other
plants and there has been loss of power due to a fire or a fire-related loss of power is imminent, the grantee
may remove, destroy, or trim trees, shrubs, grasses, and other plants in accordance with the vegetation
management plan in Appendix B without the trees, shrubs, grasses, and other plants being marked or
otherwise identified by the authorized officer or the authorized officer’s designated representative.
IV. RIGHTS AND LIABILITIES
A. VALID OUTSTANDING RIGHTS. This easement is subject to all valid outstanding rights. Valid outstanding
rights include those derived from mining and mineral leasing laws of the United States. The grantor is not liable to
the grantee for the exercise of any such right.
B. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The parties to this easement do not intend to confer
any rights on any third party as a beneficiary under this easement.
C. SERVICES NOT PROVIDED. This easement is for the occupancy of land for the purposes stated in this
easement and does not provide for the furnishing of road maintenance, water, fire protection, or any other such
service by a government agency, association, or individual.
D. RISK OF LOSS. The grantee assumes all risk of loss to the transmission facilities. Loss to the transmission
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facilities may result from but is not limited to theft, vandalism, fire and any fire-fighting activities (including
prescribed burns), avalanches, rising waters, winds, falling limbs or trees, and acts of God. If the transmission
facilities are destroyed or substantially damaged, the authorized officer shall conduct an analysis to determine
whether the transmission facilities can be safely occupied in the future and whether rebuilding should be allowed.
If rebuilding is not allowed, the easement shall terminate.
E. DAMAGE TO UNITED STATES PROPERTY. The grantee has an affirmative duty to protect from damage
the land, property, and other interests of the United States. Damage includes but is not limited to fire suppression
costs, damage to government-owned improvements covered by this easement, and all costs and damages
associated with or resulting from the release or threatened release of a hazardous material occurring during or as
a result of activities of the grantee or the grantee's heirs, assigns, agents, employees, contractors, or lessees on,
or related to, the lands, property, and other interests covered by this easement. For purposes of clause IV.E and
section V, "hazardous material" shall mean any hazardous substance, pollutant, contaminant, hazardous waste,
oil, and/or petroleum product, as those terms are defined under any federal, state, or local laws or regulations.
1. The grantee shall avoid damaging or contaminating the environment, including but not limited to the soil,
vegetation (such as trees, shrubs, and grass), surface water, and groundwater, during the grantee's use and
occupancy of the easement area. If the environment or any government property covered by this easement
becomes damaged during the grantee's use and occupancy of the easement area, the grantee shall
immediately repair the damage or replace the damaged items to the satisfaction of the authorized officer and
at no expense to the United States.
2. The grantee shall be liable for all injury, loss, or damage, including fire suppression or other costs
associated with rehabilitation or restoration of natural resources, associated with the grantee's use and
occupancy of the permit area. Compensation shall include but is not 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 associated administrative, legal (including attorney's fees), and other costs. Such
costs may be deducted from a performance bond required under clause IV.J.
3. The grantee shall be liable for damage caused by use of the grantee or the grantee's heirs, assigns,
agents, employees, contractors, or lessees to all roads and trails of the United States to the same extent as
provided under clause IV.E.1, except that liability shall not include reasonable and ordinary wear and tear.
F. HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION. The grantee shall take all measures necessary
to protect the environment, natural resources, and the health and safety of all persons affected by the use and
occupancy authorized by this easement. The grantee 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 before, during, or after the term of this easement, and arising out of or relating to
any activity, event, or condition existing or occurring during the term of this easement, that causes or threatens to
cause a hazard to workers’ safety or to public health or safety or harm to the environment (including but not
limited to areas of vegetation or timber, fish or other wildlife populations, their habitats, or any other natural
resources). The grantee shall immediately notify the authorized officer of all serious accidents that occur in
connection with such activities. The responsibility to protect the health and safety of all persons affected by the
use and occupancy authorized by this easement is solely that of the grantee. The grantor has no duty under the
terms of this easement to inspect the easement area or operations and activities of the grantee for hazardous
conditions or compliance with health and safety standards.
G. INDEMNIFICATION OF THE UNITED STATES. The grantee 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 grantee in connection with the use and occupancy authorized by this easement. This
indemnification and hold harmless provision includes but is not limited to acts and omissions of the grantee or the
grantee’s heirs, assigns, agents, employees, contractors, or lessees in connection with the use and occupancy
authorized by this easement which result in (1) violations of any laws and regulations which are now or which may
in the future become applicable, and including but not limited to those environmental laws listed in clause V.A of
this easement; (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 substance, pollutant, contaminant, oil in any form, or petroleum product into
the environment. The authorized officer may prescribe terms that allow the grantee to replace, repair, restore, or

5

otherwise undertake necessary curative actions to mitigate damages in addition to or as an alternative to
monetary indemnification.


H. STRICT LIABILITY. The grantee shall be strictly liable (liable without proof of negligence or other
wrongdoing) to the United States for $[amount up to $1 million] per occurrence for any injury, loss, or damage
arising under this easement. Liability for injury, loss, or damage to the United States exceeding the prescribed
amount of strict liability shall be determined under the law of negligence.


I. INSURANCE. The grantee shall furnish proof of insurance, such as a certificate of insurance, to the
authorized officer prior to issuance of this easement and each year thereafter that this easement is in effect. The
grantor reserves the right to review and approve the insurance policy prior to issuance. The grantee 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 grantee pursuant to this clause
shall name the United States as an additional insured, and the additional insured provision shall provide for
insurance coverage for the United States as required under this clause. Such policies also shall specify that the
insurance company shall give 30 days prior written notice to the authorized officer of cancellation of or any
modification to the policies. 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 other insurance requirements are subject to change at
the sole discretion of the authorized officer on the anniversary date of this easement.

1. The grantee shall have in force liability insurance covering losses associated with the use and occupancy
authorized by this easement 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 grantee's operations, the Forest Service may require the grantee to demonstrate the
availability of funds to address any release or threatened release of hazardous materials that may occur in
connection with the grantee'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 grantee's operations. The
use and storage of normal maintenance supplies in nominal amounts generally would not trigger financial
assurance requirements.
J. BONDING. The authorized officer may require the grantee to furnish a surety bond or other security for any
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of the obligations imposed by the terms and conditions of this easement or any applicable law, regulation, or
order.


1. As a further guarantee of compliance with the terms and conditions of this easement, the grantee 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 bond amount for specify
obligations covered. 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 grantee 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 grantee 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 grantee 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. Prior to undertaking additional construction or alteration not covered by the bond or other security, or when
the transmission facilities are to be removed and the easement area restored, the grantee may be required to
obtain additional bonding or security.
V. RESOURCE PROTECTION
A. COMPLIANCE WITH ENVIRONMENTAL LAWS. The grantee shall in connection with the use and
occupancy authorized by this easement comply with all applicable federal, state, and local environmental laws
and regulations, including but not limited to those established pursuant to 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 Comprehensive Environmental Response, Compensation, and Liability Act
(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.
B. WATER POLLUTION. No waste or by-product shall be discharged into water if it contains any substance in
concentrations which will result in harm to fish and wildlife, or to human water supplies. 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 that would result in harm to fish and wildlife or to human water
supplies.
C. ESTHETICS. The grantee shall protect the scenic esthetic values of the easement area and the adjacent
land to the greatest extent possible during construction, operation, and maintenance of the transmission facilities.
D. VANDALISM. The grantee 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.
E. PESTICIDE USE. Pesticides may not be used outside of buildings to control undesirable woody and
herbaceous vegetation (including aquatic plants), insects, rodents, or fish without the prior written approval of the
authorized officer. A request for approval of planned uses of pesticides shall be submitted annually by the
grantee on the due date established by the authorized officer. The report shall cover a 12-month period of
planned use beginning 3 months after the reporting date. 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
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report was submitted. Only those materials registered by the U.S. Environmental Protection Agency for the
specific purpose planned shall be authorized for use on National Forest System lands. Label instructions and all
applicable laws and regulations shall be strictly followed in the application of pesticides and disposal of excess
materials and containers.
F. ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES. The grantee shall immediately notify the
authorized officer of all 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 easement. The grantee shall leave these discoveries intact and in place until directed otherwise by the
authorized officer. Protective and mitigative measures specified by the authorized officer shall be the
responsibility of the grantee.
G. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION. If the grantee inadvertently discovers
human remains, funerary objects, sacred objects, or objects of cultural patrimony on federal or tribal lands, the
grantee shall immediately cease work in the area of the discovery and shall make a reasonable effort to protect
and secure the items. The grantee shall immediately notify the forest archaeologist by telephone 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 forest archaeologist certifies receipt of the written confirmation, if
resumption of the activity is otherwise lawful, except that a recovery plan adopted as a binding agreement
between the grantor and the affected Indian tribes may provide for earlier resumption of the activity.
H. PROTECTION OF HABITAT OF THREATENED, ENDANGERED, AND SENSITIVE SPECIES. The location
of sites within the easement area needing special measures for protection of plants or animals listed as
threatened or endangered under the Endangered Species Act (ESA) of 1973, 16 U.S.C. 531 et seq., as amended,
or as sensitive by the Regional Forester under Forest Service Manual (FSM) 2670, pursuant to consultation
conducted under section 7 of the ESA, may be identified on the ground or shown on a separate map. The map
shall be attached to this easement as an appendix. The grantee shall take any protective and mitigative
measures specified by the authorized officer. If protective and mitigative measures prove inadequate, if other
sites within the easement area containing threatened, endangered, or sensitive species are discovered, or if new
species are listed as threatened or endangered under the ESA or as sensitive by the Regional Forester under the
FSM, the authorized officer may specify additional protective and mitigative measures. Discovery of these areas
by the grantee or the grantor shall be promptly reported to the other party.
I. CONSENT TO STORE HAZARDOUS MATERIALS. The grantee shall not store any hazardous materials in
the easement area without prior written approval from the authorized officer. This approval shall not be
unreasonably withheld. If the authorized officer provides approval, this easement shall include, or in the case of
approval provided after this easement 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 plan. Such terms shall be proposed by the grantee and are subject to approval by the
authorized officer.


1. If the grantee receives consent to store hazardous material, the grantee shall identify to the authorized
officer any hazardous material to be stored in the easement area. 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
grantee 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 grantee shall be used,
labeled, stored, transported, and disposed of in accordance with all applicable federal, state, and local laws
and regulations.
2. The grantee shall not release any hazardous material as defined in clause IV.E onto land or into rivers,
streams, impoundments, or natural or man-made 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

8

must be met, including conditions more stringent than federal, state, and local regulations, to prevent releases
and protect natural resources
J. CLEANUP AND REMEDIATION
1. The grantee shall immediately notify all appropriate response authorities, including the National Response
Center and the authorized officer, of any oil discharge or of the release of a hazardous substance in the
easement area in an amount greater than or equal to its reportable quantity, in accordance with 33 CFR Part
153, Subpart B, 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 grantee shall immediately notify the authorized
officer upon knowledge of any release or threatened release of any hazardous material at or in the vicinity of
the easement area which may be harmful to public health or welfare or which may adversely affect natural
resources under the management of the United States.
2. Except with respect to any federally permitted release as that term is defined under Section 101(10) of
CERCLA, 42 U.S.C. 9601(10), the grantee shall clean up or otherwise remediate any release, threat of
release, or discharge of hazardous materials that occurs either in the easement area or in connection with the
grantee’s activities, whether or not those activities are authorized under this easement. The grantee shall
perform cleanup or remediation immediately upon discovery of the release, threat of release, or discharge of
hazardous materials. The grantee shall perform the cleanup or remediation to the satisfaction of the
authorized officer and at no expense to the United States. Upon revocation or termination of this easement,
the grantee shall deliver the easement area to the grantor free and clear of contamination.
K. CERTIFICATION UPON REVOCATION OR TERMINATION. If the grantee uses or stores hazardous
materials in the easement area, upon revocation or termination of this easement the grantee shall provide the
authorized officer with a report certified by a professional or professionals acceptable to the authorized officer that
the easement area is uncontaminated by the presence of hazardous materials and that there has not been a
release or discharge of hazardous materials upon the easement area, into surface water at or near the easement
area, or into groundwater below the easement area during the term of the easement. 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 easement area is in compliance with all federal, state, and local laws and
regulations.
VI. LAND USE FEE AND DEBT COLLECTION
Calculate the land use fees using the linear right-of-way fee schedule in FSH 2709.11, section 36.41,
Exhibits 01 and 02.>
A. LAND USE FEE. The grantee shall pay an initial annual land use fee of $
to

, and thereafter on

for the period from

, shall pay an annual land use fee of

. The land use fee shall be adjusted annually by the percentage of change in the Implicit Price
$
Deflator-Gross Domestic Product (IPD-GDP) from the second quarter of the previous year to the second quarter
of the current year.
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. FEE PAYMENT ISSUES
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 Fees. Fees are due and payable by the due date. Disputed fees must be paid in full.
Adjustments will be made if dictated by an administrative appeal decision, a court decision, or settlement
terms.
9

3. Late Payments
(a) Interest. Pursuant to 31 U.S.C. 3717 et seq., interest shall be charged on any fee amount 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 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 fee amount is due.
(b) Administrative Costs. If the account becomes delinquent, administrative costs to cover processing and
handling the delinquency shall be assessed.
(c) Penalties. A penalty of 6% per annum shall be assessed on the total amount that is more than 90 days
delinquent and shall accrue from the same date on which interest charges begin to accrue.
4. Administrative Offset and Credit Reporting. Delinquent 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 common law. Delinquencies are subject to any or all of the following:
(a) Administrative offset of payments due the grantee from the grantor.
(b) If in excess of 60 days, referral to the Department of the Treasury for appropriate collection action
as provided by 31 U.S.C. 3711(g)(1).
(c) Offset by the Secretary of the Treasury of any amount due the grantee, as provided by 31 U.S.C.
3720 et seq.
(d) Disclosure to consumer or commercial credit reporting agencies.
D. NONPAYMENT. Failure of the grantee to make timely payments, pay interest charges, or any other
charges when due shall be grounds for revocation of this easement.
VII. REVOCATION, SUSPENSION, AND TERMINATION
A. REVOCATION AND SUSPENSION. The authorized officer may revoke or suspend this easement in whole
or in part:
1. For noncompliance with applicable federal, state, or local laws and regulations.
2. For noncompliance with the terms of this easement.
3. For abandonment of the easement. Failure of the grantee to use the easement area for a continuous
5-year period shall constitute a rebuttable presumption of abandonment of the easement, except that where
the failure to use the easement area for a continuous 5-year period is due to circumstances that were not
within the grantee’s control, this easement shall terminate pursuant to clause VII.D.2.
Prior to revocation or suspension under clause VII.A, other than immediate suspension under clause VII.B, the
authorized officer shall give the grantee written notice of the grounds for revocation or suspension and a
reasonable period, not to exceed 90 days, to cure any noncompliance.
B. IMMEDIATE SUSPENSION. The authorized officer may immediately suspend this easement in whole or in
part when necessary to protect public health or safety or the environment. The suspension decision shall be in
writing. The grantee may request an on-site review with the authorized officer’s supervisor of the adverse
conditions prompting the suspension. The authorized officer’s supervisor shall grant this request within 48 hours.
Following the on-site review, the authorized officer’s supervisor shall promptly affirm, modify, or cancel the
suspension.
C. APPEALS AND REMEDIES. Written decisions by the authorized officer relating to administration of this
easement, other than revocation or suspension decisions, are subject to administrative appeal pursuant to
36 CFR Part 251, Subpart C, as amended. Revocation and suspension of this easement are subject to
10

administrative appeal pursuant to 7 CFR Part 1, Subpart H, as amended. Revocation or suspension of this
easement shall not give rise to any claim for damages by the grantee against the grantor.
D. TERMINATION. This easement shall terminate when by its terms a fixed or agreed upon condition, event, or
time occurs without any action by the authorized officer. For example, this easement terminates upon expiration.
Termination of this easement shall not require notice, a decision document, or any environmental analysis or
other documentation. Termination of this easement is not subject to administrative appeal and shall not give rise
to any claim for damages by the grantee against the grantor.
1. Termination upon Agreement of the Grantor and the Grantee. This easement shall terminate upon the
written agreement of the grantor and the grantee.
2. Termination upon Abandonment for Reasons not within the Grantee’s Control. This easement shall
terminate if the grantee fails to use the easement area for a continuous 5-year period and the failure is due to
circumstances that are not within the grantee’s control.
E. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT RENEWAL. Upon
revocation of this easement or termination of this easement without renewal of the authorized use, the authorized
officer has the discretion to require the grantee to sell or remove all structures and improvements in the easement
area, except those owned by the United States, within a reasonable period prescribed by the authorized officer
and to restore the easement area to the satisfaction of the authorized officer. If the grantee fails to sell or remove
all structures or improvements in the easement area 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 grantee shall remain liable for all costs associated with their removal, including costs of sale
and impoundment, cleanup, and restoration of the easement area.
F. CONTINUATION OF OBLIGATIONS AND LIABILITIES BEYOND TERMINATION OR REVOCATION.
Notwithstanding the termination or revocation of this easement, its terms and conditions shall remain in effect and
shall be binding on the grantee and the grantee’s personal representative, successors, and assignees until all the
grantee’s obligations and liabilities accruing before or as a result of termination or revocation of this easement
have been satisfied.
VIII. MISCELLANEOUS PROVISIONS
A. MEMBERS OF CONGRESS. No member of or delegate to Congress or resident commissioner shall benefit
from this easement either directly or indirectly, except to the extent the authorized use provides a general benefit
to a corporation.
B. CURRENT ADDRESSES. The grantor and the grantee shall keep each other informed of current mailing
addresses, including those necessary for payment of land use fees.


C. SUPERSEDED AUTHORIZATION. This easement supersedes an authorization designated [name or
authorization ID], dated ______.

C. SEVERENCE FROM A FEDERAL ENERGY REGULATORY COMMISSION LICENSE. Per a decision
issued by the Federal Energy Regulatory Commission, the transmission facilities have been severed from Federal
Energy Regulatory Commission license [license number], dated ______.
D. SUPERIOR CLAUSES. If there is any conflict between any of the preceding printed clauses and any of the
following clauses, the preceding printed clauses shall control.

11


THIS EASEMENT IS GRANTED SUBJECT TO ALL ITS TERMS AND CONDITIONS.
BEFORE ANY EASEMENT IS GRANTED 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 AND CONDITIONS OF THE EASEMENT.
On [date], I, the grantee, have read, understood, and accepted the terms and conditions of the easement.

GRANTEE NAME, PRECEDED BY NAME AND TITLE
OF PERSON SIGNING ON BEHALF OF GRANTEE,
IF GRANTEE IS AN ENTITY

SIGNATURE

DATE

STATE OF [_________]
[__________] COUNTY

On [date], the United States, through the United States Department of Agriculture, Forest Service, has executed the
easement pursuant to delegations of authority in 7 CFR 2.60(a)(2), 36 CFR 251.52, and FSM.2733.04a and 2733.04b,
paragraph 1.
UNITED STATES

___________________________________________________________________________________________
NAME AND TITLE OF AUTHORIZED OFFICER
SIGNATURE
DATE
STATE OF [_________]
[_________] COUNTY

On [date], before me, a notary public in the State of [________], personally appeared [name of grantor], known to me
to be the person who signed the easement as the grantor.

______________________________________
Notary Public for the State of [___________]
My commission expires [__________]

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 05960082. The time required to complete this information collection is estimated to average 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin,
gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.)
Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should
contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 202509410 or call (800) 975-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information
received by the Forest Service.

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File Typeapplication/pdf
File TitleAuthorization ID: #AUTH_ID#
AuthorEllen R. Hornstein
File Modified2006-12-14
File Created2006-12-14

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