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pdfAuthorization ID: #AUTH_ID#
Contact ID: #HOLDER_ID#
FS-2700-4 (03/06)
OMB 0596-0082
Expiration Date: #EXPIRATION_DATE#
Use Code: #USE_CODE#
U.S. DEPARTMENT OF AGRICULTURE
Forest Service
SPECIAL USE PERMIT
AUTHORITY:
#AUTHORITY_NAME#
#HOLDER_NAME# of #HOLDER_ADD_LINE_1#, #HOLDER_ADD_LINE_2#, #HOLDER_ADD_LINE_3#,
#HOLDER_CITY#, #HOLDER_STATE# #HOLDER_ZIP# (hereinafter called the Holder) is hereby authorized to
use or occupy National Forest System lands, to use subject to the conditions set out below, on the
National Forest or
unit of the National Forest System.
This permit covers #USE_ACRES# acres, and/or #USE_MILES# miles and is described as:
#TOWNSHIP_SECT_RANGE# #FIRST_DIVISION# #FIRST_DIV_NAME_NUMBER#, #SECOND_DIVISION#
#SECOND_DIV_NAME_NUMBER#, #THIRD_DIVISION# #THIRD_DIV_NAME_NUMBER# as shown on the
location map attached to and made a part of this permit, and is issued for the purpose of:
#PURPOSE#
The above described or defined area shall be referred to herein as the "permit area".
TERMS AND CONDITIONS
I. AUTHORITY AND GENERAL TERMS OF THE PERMIT
A. Authority. This permit is issued pursuant to the authorities enumerated at Title 36, Code of Federal
Regulations, Section 251 Subpart B, as amended. This permit, and the activities or use authorized, shall be
subject to the terms and conditions of the Secretary's regulations and any subsequent amendment to them.
B. Authorized Officer. The authorized officer is the Forest Supervisor or a delegated subordinate officer.
C. License. This permit is a license for the use of federally owned land and does not grant any permanent,
possessory interest in real property, nor shall this permit constitute a contract for purposes of the Contract
Disputes Act of 1978 (41 U.S.C. 611). Loss of the privileges granted by this permit by revocation, termination, or
suspension is not compensable to the holder.
D. Amendment. This permit may be amended in whole or in part by the Forest Service when, at the discretion of
the authorized officer, such action is deemed necessary or desirable to incorporate new terms, conditions, and
stipulations as may be required by law, regulation, land management plans, or other management decisions.
E. Existing Rights. This permit is subject to all valid rights and claims of third parties. The United States is not
liable to the holder for the exercise of any such right or claim.
F. Nonexclusive Use and Public Access. Unless expressly provided for in additional terms, use of the permit
area is not exclusive. The Forest Service reserves the right to use or allow others to use any part of the permit
area, including roads, for any purpose, provided, such use does not materially interfere with the holder's
authorized use. A final determination of conflicting uses is reserved to the Forest Service.
G. Forest Service Right of Entry and Inspection. The Forest Service has the right of unrestricted access of the
permitted area or facility to ensure compliance with laws, regulations, and ordinances and the terms and
conditions of this permit.
H. Assignability. This permit is not assignable or transferable. If the holder through death, voluntary sale or
transfer, enforcement of contract, foreclosure, or other valid legal proceeding ceases to be the owner of the
improvements, this permit shall terminate.
I. Permit Limitations. Nothing in this permit allows or implies permission to build or maintain any structure or
facility, or to conduct any activity unless specifically provided for in this permit. Any use not specifically identified
in this permit must be approved by the authorized officer in the form of a new permit or permit amendment.
II. TENURE AND ISSUANCE OF A NEW PERMIT
A. Expiration at the End of the Authorized Period. This permit will expire at midnight on #EXPIRATION_DATE#.
Expiration shall occur by operation of law and shall not require notice, any decision document, or any
environmental analysis or other documentation.
B. Minimum Use or Occupancy of the Permit Area. Use or occupancy of the permit area shall be exercised at
least
days each year, unless otherwise authorized in writing under additional terms of this permit.
C. Notification to Authorized Officer. If the holder desires issuance of a new permit after expiration, the holder
shall notify the authorized officer in writing not less than six (6) months prior to the expiration date of this permit.
D. Conditions for Issuance of a New Permit. At the expiration or termination of an existing permit, a new permit
may be issued to the holder of the previous permit or to a new holder subject to the following conditions:
1. The authorized use is compatible with the land use allocation in the Forest Land and Resource
Management Plan.
2. The permit area is being used for the purposes previously authorized.
3. The permit area is being operated and maintained in accordance with the provisions of the permit.
4. The holder has shown previous good faith compliance with the terms and conditions of all prior or other
existing permits, and has not engaged in any activity or transaction contrary to Federal contracts, permits
laws, or regulations.
E. Discretion of Forest Service. Notwithstanding any provisions of any prior or other permit, the authorized officer
may prescribe new terms, conditions, and stipulations when a new permit is issued. The decision whether to
issue a new permit to a holder or successor in interest is at the absolute discretion of the Forest Service.
F. Construction. Any construction authorized by this permit may commence by
completed by
revoked or suspended.
and shall be
. If construction is not completed within the prescribed time, this permit may be
III. RESPONSIBILITIES OF THE HOLDER
A. Compliance with Laws, Regulations, and other Legal Requirements. The holder shall comply with all
applicable Federal, State, and local laws, regulations, and standards, including but not limited to, the Federal
Water Pollution Control Act, 33 U.S.C. 1251 et seq., the Resource Conservation and Recovery Act, 42 U.S.C.
6901 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S. C. 9601 et
seq., and other relevant environmental laws, as well as public health and safety laws and other laws relating to
the siting, construction, operation, and maintenance of any facility, improvement, or equipment on the property.
B. Plans. Plans for development, layout, construction, reconstruction, or alteration of improvements on the
permit area, as well as revisions of such plans, must be prepared by a qualified individual acceptable to the
authorized officer and shall be approved in writing prior to commencement of work. The holder may be required
to furnish as-built plans, maps, or surveys, or other similar information, upon completion of construction.
C. Maintenance. The holder shall maintain the improvements and permit area to standards of repair, orderliness,
neatness, sanitation, and safety acceptable to the authorized officer and consistent with other provisions of this
authorization. If requested, the holder shall comply with inspection requirements deemed appropriate by the
authorized officer.
D. Hazard Analysis. The holder has a continuing responsibility to identify all hazardous conditions on the permit
area which would affect the improvements, resources, or pose a risk of injury to individuals. Any non-emergency
actions to abate such hazards shall be performed after consultation with the authorized officer. In emergency
situations, the holder shall notify the authorized officer of its actions as soon as possible, but not more than 48
hours, after such actions have been taken.
E. Change of Address. The holder shall immediately notify the authorized officer of a change in address.
F. Change in Ownership. This permit is not assignable and terminates upon change of ownership of the
improvements or control of the business entity. The holder shall immediately notify the authorized officer when a
change in ownership or control of business entity is pending. Notification by the present holder and potential
owner shall be executed using Form SF-299 Application for Transportation and Utility Systems and Facilities of
Federal Lands, or Form FS-2700-3a, Holder Initiated Revocation of Existing Authorization, Request for a Special
Use Permit. Upon receipt of the proper documentation, the authorized officer may issue a permit to the party who
acquires ownership of, or a controlling interest in, the improvements or business entity.
IV. LIABILITY
For purposes of this section, "holder" includes the holder's heirs, assigns, agents, employees, and contractors.
A. The holder assumes all risk of loss to the authorized improvements.
B. The holder shall indemnify, defend, and hold the United States harmless for any violations incurred under any
such laws and regulations or for judgments, claims, or demands assessed against the United States in connection
with the holder's use or occupancy of the property. The holder's indemnification of the United States shall include
any loss by personal injury, loss of life or damage to property in connection with the occupancy or use of the
property during the term of this permit. Indemnification 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; third party claims and judgments; and all administrative, interest, and other legal costs. This
paragraph shall survive the termination or revocation of this authorization, regardless of cause.
USER NOTES FOR "C" CLAUSE
Selection item 1. This selection is the default liability clause for all authorizations. Use this clause when one of
the following conditions exist: (1) The holder is not a Federal Agency, State or political subdivision thereof; (2)
the authorized officer determines that the risk to public land, resources, or interest is not greater than the holder's
assets or ability to correct and; (3) the use is not a high-risk or poses a high hazard (such as high-voltage power
lines, oil and gas pipelines, large dams or reservoirs, and so forth, which could expose the government to
significant injuries, losses or damages in the event of malfunction).
C. The holder has an affirmative duty to protect from damage the land, property, and interests of the United
States.
Selection item 2. Use in situations in which the authorized officer determines that the risk to public land,
resources, or interest is greater than the holder's assets or ability to correct.
If holder is a State or political subdivision thereof and such entity has statutory or constitutional authorities limiting
the amount of liability or indemnification payable, the authorized officer shall prepare a risk assessment to
determine the United States potential for losses due to personal injury, loss of life, or property damage caused by
the State's use or occupancy. If the authorized officer determines, through the risk assessment that the potential
for injury, loss, or damage caused by the State's use or occupancy is in excess of the State's liability limitation,
the State shall procure, as a requirement to be fulfilled before execution of this permit, insurance, and name the
United States, together with the State, as an insured on the policy(ies), in the amount determined in the risk
assessment that exceeds the State's liability limitation.
C. The holder has an affirmative duty to protect from damage the land, property, and interests of the United
States.
The holder shall maintain #LIAB_INS_AMOUNT# worth of insurance coverage, naming the United States
additionally insured on the policy(ies), to partially fund the indemnification obligations of the holder for any and all
losses due to personal injury, loss of life, or property damage, including fire suppression and hazardous waste
costs. The holder shall furnish proof of insurance (such as a surety bond, or certificate of insurance) to the
authorized officer prior to execution of this permit and verify annually, and in writing, the insurance obligation to
the authorized officer. The authorized officer may allow the holder to replace, repair, restore, or otherwise
undertake necessary curative actions, to the satisfaction of the authorized officer, in order to mitigate damages in
addition to or as an alternative to monetary indemnification.
Selection item 3. Use if the authorized use is a high-risk or poses a high hazard (such as high-voltage power
lines, oil and gas pipelines, large dams or reservoirs, and so forth, which could expose the government to
significant injuries, losses, or damages in the event of malfunction).
C. The holder has an affirmative duty to protect from damage the land, property, and interests of the United
States.
The holder shall be strictly liable (liability without proof of negligence) to the United States for any injury, loss, or
damage arising under this authorization. Such strict liability shall be in the amount of $1 million unless the Forest
Supervisor determines at the time of issuance of this authorization that a lesser amount of strict liability is
appropriate based upon a risk assessment for the use authorized by this instrument. Liability for injury, loss, or
damage to the United States in excess of the prescribed amount of strict liability shall be determined under the
general law of negligence.
Selection item 4. Use if the authorized use is a high-risk or poses a high hazard (such as high-voltage power
lines, oil and gas pipelines, large dams or reservoirs, and so forth, which could expose the government to
significant injuries, losses, or damages in the event of malfunction) AND in situations in which the authorized
officer determines that the risk to public land, resources, or interest is greater than the holder's assets or ability to
correct.
If the holder is a State or political subdivision thereof and such entity has statutory or constitutional authorities
limiting the amount of liability or indemnification payable, the authorized officer shall prepare a risk assessment to
determine the United States potential for losses due to personal injury, loss of life, or property damage caused by
the State's use or occupancy. If the authorized officer determines, through the risk assessment that the potential
for injury, loss, or damage caused by the State's use or occupancy is in excess of the State's liability limitation,
the State shall procure, as a requirement to be fulfilled before execution of this permit, insurance, and name the
United States, together with the State, as an insured on the policy(ies), in the amount determined in the risk
assessment that exceeds the State's liability limitation.
C. The holder has an affirmative duty to protect from damage the land, property, and interests of the United
States.
The holder shall maintain #LIAB_INS_AMOUNT# worth of insurance coverage, naming the United States
additionally insured on the policy(ies), to partially fund the indemnification obligations of the holder for any and all
losses due to personal injury, loss of life, or property damage, including fire suppression and hazardous waste
costs. The holder shall furnish proof of insurance (such as a surety bond, or certificate of insurance) to the
authorized officer prior to execution of this permit and verify annually, and in writing, the insurance obligation to
the authorized officer. The authorized officer may allow the holder to replace, repair, restore, or otherwise
undertake necessary curative actions, to the satisfaction of the authorized officer, in order to mitigate damages in
addition to or as an alternative to monetary indemnification.
The holder shall be strictly liable (liability without proof of negligence) to the United States for any injury, loss, or
damage arising under this authorization. Such strict liability shall be in the amount of $1 million unless the Forest
Supervisor determines at the time of issuance of this authorization that a lesser amount of strict liability is
appropriate based upon a risk assessment for the use authorized by this instrument. Liability for injury, loss, or
damage to the United States in excess of the prescribed amount of strict liability shall be determined under the
general law of negligence.
Selection item 5. Use when issuing an authorization to a federal agency.
Delete clauses B & D when using this clause.
C. Damage to National Forest Interests, Property, or Resources. The holder, as an agency of the United
States, is limited by Federal law as to the assumption of liability for its acts or omissions. The holder does agree,
within its legal limitations, and limitations of appropriations, to be responsible for all costs of damages and injury to
persons, personal property, and land caused by its operations and activities under the terms of this permit. The
holder further agrees, to the extent legally permissible, to use its appropriations and resources as required to pay
any awards or claims, and to repair damages to the land within the permit area. It is the intent of this provision
that the appropriations of the Forest Service be shielded from burdens, other than administrative costs, which
may occur as a result of the activities by the holder under the terms of this permit.
D. In the event of any breach of the conditions of this authorization by the holder, the authorized officer may, on
reasonable notice, cure the breach for the account at the expense of the holder. If the Forest Service at any time
pays any sum of money or does any act which will require payment of money, or incurs any expense, including
reasonable attorney's fees, in instituting, prosecuting, and/or defending any action or proceeding to enforce the
United States rights hereunder, the sum or sums so paid by the United States, with all interests, costs and
damages shall, at the election of the Forest Service, be deemed to be additional fees hereunder and shall be due
from the holder to the Forest Service on the first day of the month following such election.
E. With respect to roads, the holder shall be proportionally liable for damages to all roads and trails of the United
States open to public use caused by the holder's use to the same extent as provided above, except that liability
shall not include reasonable and ordinary wear and tear.
F. The Forest Service has no duty to inspect the permit area or to warn of hazards and, if the Forest Service
does inspect the permit area, it shall incur no additional duty nor liability for identified or non-identified hazards.
This covenant may be enforced by the United States in a court of competent jurisdiction.
V. TERMINATION, REVOCATION, AND SUSPENSION
A. General. For purposes of this permit, "termination", "revocation", and "suspension" refer to the cessation of
uses and privileges under the permit.
"Termination" refers to the cessation of the permit under its own terms without the necessity for any
decision or action by the authorized officer. Termination occurs automatically when, by the terms of the permit, a
fixed or agreed upon condition, event, or time occurs. For example, the permit terminates at expiration.
Terminations are not appealable.
"Revocation" refers to an action by the authorized officer to end the permit because of
noncompliance with any of the prescribed terms, or for reasons in the public interest. Revocations are
appealable.
"Suspension" refers to a revocation which is temporary and the privileges may be restored upon the
occurrence of prescribed actions or conditions. Suspensions are appealable.
B. Revocation or Suspension. The Forest Service may suspend or revoke this permit in whole or part for:
1.
2.
3.
4.
Noncompliance with Federal, State, or local laws and regulations.
Noncompliance with the terms and conditions of this permit.
Reasons in the public interest.
Abandonment or other failure of the holder to otherwise exercise the privileges granted.
C. Opportunity to Take Corrective Action. Prior to revocation or suspension for cause pursuant to Section V (B),
the authorized officer shall give the holder written notice of the grounds for each action and a reasonable time, not
to exceed 90 days, to complete the corrective action prescribed by the authorized officer.
D. Removal of Improvements. Prior to abandonment of the improvements or within a reasonable time following
revocation or termination of this authorization, the holder shall prepare, for approval by the authorized officer, an
abandonment plan for the permit area. The abandonment plan shall address removal of improvements and
restoration of the permit area and prescribed time frames for these actions. If the holder fails to remove the
improvements or restore the site within the prescribed time period, they become the property of the United States
and may be sold, destroyed or otherwise disposed of without any liability to the United States. However, the
holder shall remain liable for all cost associated with their removal, including costs of sale and impoundment,
cleanup, and restoration of the site.
VI. FEES
A. Termination for Nonpayment. This permit shall automatically terminate without the necessity of prior notice
when land use rental fees are 90 calendar days from the due date in arrears.
USE ONLY ONE OF THE SIX FEE CLAUSES BELOW.
Selection item 1. For uses that are waived or exempted from fees.
Note: Fee waivers should be documented in the case file. When fees are exempt or waived (selection
item 1) manually delete clauses VI. A, C, and D.
B. Fees for this use have been exempted or waived in full pursuant to 36 CFR 251.57, or revisions thereto,
and direction in FSH 2709.11, chapter 30.
Selection item 2. For non-linear, fixed annual fees.
B. The holder shall pay an annual fee of
Dollars
for the period from
to
and thereafter annually on
,
Dollars
:
Provided, charges for this use shall be made or readjusted whenever necessary to place the charges on a basis
commensurate with the fair market value of the authorized use.
Selection item 3. For lump-sum payments for non-linear authorizations. When the annual fee is less than $100
the authorized officer may require a lump sum payment for more than one year at a time, except that private
individuals may make at their option either annual payments or payments covering more than one year if the
annual fee is greater than $100. If the authorization terminates at the end of the initial lump-sum period, delete
that portion of the clause "...and thereafter at the beginning..." to the end.
B. The holder shall pay
and thereafter at the beginning of each
Dollars
for the period from
year period a lump sum payment for
to
,
years rent
Dollars
Provided, charges for this use shall be made or readjusted whenever
of
necessary to place the charges on a basis commensurate with the fair market value of the authorized use.
Selection item 4. For linear rights-of-way, annual payment.
B. The holder shall pay annually in advance a sum determined by the Forest Service to be the fair market
for the remainder of the
value of the use granted by this authorization. The initial payment is set at
calendar year. Subsequent payments shall be determined by the use of an annual fee schedule. The Forest
Service may adjust the amount of payment annually by an appropriate indexing factor to reflect more nearly the
fair market value of the use. At certain intervals the Forest Service shall review the fee and adjust the fee as
necessary to assure that it is commensurate with the fair market value of the authorized rights and privileges, as
determined by appraisal or other sound business management principles.
Selection item 5. For lump-sum payments for linear rights-of-ways when the annual fee is less than $100. The
authorized officer may require a lump-sum payment for more than one year at a time, except that private
individuals may make at their option either annual payments or payments covering more than one year if the
annual fee is greater than $100. If the authorization terminates at the end of the initial lump-sum period, delete
that portion of the clause "...and thereafter at the beginning..." to the end.
B. The holder shall pay in advance a sum determined by the Forest Service to be the fair market value of the
use granted by this authorization for a
year period. The payment is set at
for the initial
year period. Payments for each subsequent
year period shall be the amount of the
payment for the initial period, adjusted using an appropriate indexing factor to reflect more nearly the current fair
market value of the use at the beginning of the new period. At certain intervals the Forest Service shall review the
fee and adjust the fee as necessary to assure that it is commensurate with the fair market value of the authorized
rights and privileges, as determined by appraisal or other sound business management principles.
Selection item 6. For tenants and customers in federal communication site facilities.
B. The holder shall pay in advance an annual rental determined by the authorized officer in accordance with
law, regulation, and policy. The annual rental will be adjusted by the authorized officer to reflect changes in fair
market value or annual adjustments using the Consumer Price Index-Urban (CPI-U).
of each calendar
C. Payment Due Date. The payment due date shall be the close of business on
year payment is due. Payments in the form of a check, draft, or money order are payable to USDA, Forest
Service. Payments shall be credited on the date received by the designated Forest Service collection officer or
deposit location. If the due date for the fee or fee calculation statement falls on a non-workday, the charges shall
not apply until the close of business on the next workday.
D. Late Payment Interest, Administrative Costs and Penalties 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 the fee or fee calculation financial statement
specified in this authorization becomes due. The rate of interest assessed shall be the higher of the rate of the
current value of funds to the U.S. Treasury (i.e., Treasury tax and loan account rate), as prescribed and published
by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins
annually or quarterly or at the Prompt Payment Act rate. Interest on the principal shall accrue from the date the
fee or fee calculation financial statement is due.
In the event the account becomes delinquent, administrative costs to cover processing and handling of the
delinquency will be assessed.
A penalty of 6 percent per annum shall be assessed on the total amount delinquent in excess of 90 days and shall
accrue from the same date on which interest charges begin to accrue.
Payments will be credited on the date received by the designated collection officer or deposit location. If the due
date for the fee or fee calculation statement falls on a non-workday, the charges shall not apply until the close of
business on the next workday.
Disputed fees are due and payable by the due date. No appeal of fees will be considered by the Forest Service
without full payment of the disputed amount. Adjustments, if necessary, will be made in accordance with
settlement terms or the appeal decision.
If the fees become delinquent, the Forest Service will:
Liquidate any security or collateral provided by the authorization.
If no security or collateral is provided, the authorization will terminate and the holder will be responsible for
delinquent fees as well as any other costs of restoring the site to it's original condition including hazardous
waste cleanup.
Upon termination or revocation of the authorization, delinquent fees and other charges associated with the
authorization will be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 et
seq. Delinquencies may be subject to any or all of the following conditions:
Administrative offset of payments due the holder from the Forest Service.
Delinquencies in excess of 60 days shall be referred to United States Department of Treasury for appropriate
collection action as provided by 31 U.S.C. 3711 (g), (1).
The Secretary of the Treasury may offset an amount due the debtor for any delinquency as provided by 31
U.S.C. 3720, et seq.)
VII. OTHER PROVISIONS
A. Members of Congress. No Member of or Delegate to Congress or Resident Commissioner shall benefit from
this permit either directly or indirectly, except when the authorized use provides a general benefit to a corporation.
B. Appeals and Remedies. Any discretionary decisions or determinations by the authorized officer are subject to
the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto.
C. Superior Clauses. In the event of any conflict between any of the preceding printed clauses or any provision
thereof and any of the following clauses or any provision thereof, the preceding printed clauses shall control.
#INSERT TERM HERE#
| File Type | application/pdf |
| File Title | Authorization ID: #AUTH_ID# |
| Author | FSDefaultUser |
| File Modified | 2006-09-27 |
| File Created | 2006-09-27 |