FS-2700-4h Special Use Permit for Campground and Related Granger-Th

Special Use Administration

FS_2700_4h

Special Use Administration

OMB: 0596-0082

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

FS-2700-4h (03/06)
OMB No. 0596-0082

U.S. DEPARTMENT OF AGRICULTURE
Forest Service
SPECIAL USE PERMIT FOR
CAMPGROUND AND RELATED GRANGER-THYE CONCESSIONS
Authority: Section 7 of the Granger-Thye Act, 16 U.S.C. 580d
(Ref. FSM 2710)
#HOLDER_NAME#, #HOLDER_ADD_LINE_1#, #HOLDER_ADD_LINE_2#, #HOLDER_ADD_LINE_3#,
#HOLDER_CITY#, #HOLDER_STATE# #HOLDER_ZIP#
#HOLDER_NAME# (the holder) is hereby authorized to use and occupy National Forest System lands, subject to the
conditions below, on the

National Forest.

#PURPOSE#
FACILITY

LEGAL DESCRIPTION

ACRES

DISTRICTS

THIS permit covers #USE_ACRES# acres or #USE_MILES# miles, which are described above and are as shown on
the location map attached to and made a part of this permit. The above described area shall be referred to herein as
the permit area.
THIS permit is issued for the purpose of operating and maintaining a Forest Service developed recreation site(s) as
provided herein and in the attached annual operating plan (Appendix A), annual Granger-Thye fee offset agreement
(Appendix B), holder maintenance and reconditioning plan (Appendix C), recreation site maps (Appendix D), facility and
improvement inventory (Appendix E), and "Operation of Federally Owned Drinking Water Systems" (Appendix F) , all of which are hereby made a part of this permit.
I. AUTHORITY AND GENERAL TERMS OF THE PERMIT
A. AUTHORITY. This permit is issued under Section 7 of the Granger-Thye Act, 16 U.S.C. 580d, and 36 CFR Part
251, Subpart B, as amended, and is subject to their provisions.
B. AUTHORIZED OFFICER. The authorized officer is the Forest Supervisor who issued this permit or a delegated
subordinate officer.
C. TERM. This permit shall expire at midnight on December 31,
,
years from the date of
issuance, provided that the permit term may be extended up to 5 years by amendment at the sole discretion of the
authorized officer based on sustained satisfactory performance or administrative need. Expiration of this permit shall
not require notice, a decision document, or any environmental analysis or other documentation.
D. RENEWAL. This permit is not renewable. After it expires, continuation of the type of use and occupancy authorized
by this permit shall be at the sole discretion of the authorized officer. After expiration, issuance of a new permit for the
type of use and occupancy authorized by this permit shall be subject to competition.
E. AMENDMENT. This permit may be amended in whole or in part by the Forest Service when at the discretion of the
authorized officer such action is deemed necessary or desirable to incorporate new terms that may be required by law,
regulation, forest land and resource management plans, or other management decisions.

F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In exercising the rights
and privileges granted by this permit, the holder shall comply with all present and future federal laws and regulations
and all present and future state, county, and municipal laws, regulations, and other legal requirements that apply to the
permit area, to the extent they do not conflict with federal law, regulation, or policy. The Forest Service assumes no
responsibility for enforcing laws, regulations, and other legal requirements that fall under the jurisdiction of other
governmental entities.
G. NON-EXCLUSIVE USE. The use and occupancy authorized by this permit is not exclusive. The Forest Service
reserves a continuing right of access to the permit area, including a continuing right of physical entry to the permit area
for inspection, monitoring, or any other purpose consistent with any right or obligation of the United States under any
law or regulation. The Forest Service reserves the right to allow others to use the permit area in any way that is not
inconsistent with the holder's rights and privileges under this permit, after consultation with all parties involved. Except
for any restrictions that the holder and the authorized officer agree are necessary to protect the installation and
operation of authorized structures and developments, the lands and waters covered by this permit shall remain open to
the public for all lawful purposes. To facilitate public use of this area, all existing roads shall remain open to the public,
except for roads that may be closed by joint agreement of the holder and the authorized officer.
H. CHANGE IN CONTROL
1. Notification. The holder shall notify the authorized officer when a change in control of the business entity that
holds this permit is contemplated. If the holder is a corporation, change in control means the sale or transfer of a
controlling interest in the corporation. If the holder is a partnership or a limited liability company, change in control
means the sale or transfer of a controlling interest in the partnership or limited liability company. If the holder is an
individual, change in control means the sale or transfer of the business to another party.
2. Termination. This permit is not transferable. Any change in control of the business entity as defined in clause I.H.1
shall cause this permit to terminate upon issuance of a new permit to another party for the use and occupancy
authorized by this permit. The party who acquires control of the business entity must submit an application for a permit
for the type of use and occupancy authorized by this permit. Issuance of a new permit to the party acquiring control
shall be at the sole discretion of the authorized officer. The authorized officer shall determine that the applicant meets
requirements under federal regulations. If a new permit is issued to the party acquiring control, the term shall be for no
more than the balance of the term of this permit. Once the permit issued to the party acquiring control expires, issuance
of a new permit for the type of use and occupancy authorized by this permit shall be subject to competition.
I. LIMITATIONS. Nothing in this permit gives 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 through a new permit or a permit amendment.
II. OPERATIONS, MAINTENANCE, AND RECONDITIONING
A. ANNUAL OPERATING PLAN
1. The holder or his/her designated representative shall prepare and annually revise by
an annual
operating plan. The annual operating plan shall be prepared in consultation with the authorized officer or his/her
designated representative and shall cover all operations authorized by this permit, regardless of season. The annual
operating plan shall be submitted by the holder and approved by the authorized officer or his/her designated
representative prior to the operating season.
2. The annual operating plan shall specify the operational requirements governing the sites covered by this permit. At
a minimum, the annual operating plan shall enumerate the minimum operating seasons; how the holder will provide
services to the public; protect public health and safety and the environment; and repair, maintain, or enhance the
function of the improvements covered by this permit. The annual operating plan shall contain standards and sufficient
detail to enable the Forest Service to monitor operations for compliance.
3. The holder shall perform a condition survey of the water system each year before it is opened. The holder shall
prepare a brief written report that notes all deficiencies that may render compliance with Appendix F of this permit
(Operation of Federally Owned Drinking Water Systems) and other applicable regulatory requirements infeasible.The
condition survey report shall also include a detailed description of all water system deficiencies and/or repair work which
the holder has identified as requiring corrective action in order for the system to be in compliance with Appendix F of
this permit and applicable Federal and State safe drinking water regulation. If repair work is necessary, a repair plan

shall be attached to the condition survey report. The repair plan shall identify all water system components requiring
repair, estimated costs for repair and the approximate time schedule to complete the repair. The report shall be sent to
the authorized officer at least two weeks prior to opening the system for the season. All deficiencies shall be corrected
to the satisfaction of the Forest Service prior to opening the system. Corrections and the date they were made shall be
recorded in the condition survey. If the system operates throughout the year, the condition survey shall be submitted to
the Forest Service by January 15 each year.
B. MINIMUM USE AND OCCUPANCY. Use and 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. GRANGER-THYE FEE OFFSET AGREEMENT. Government maintenance and reconditioning projects shall be
performed in accordance with an annual Granger-Thye fee offset agreement as provided in clause IV.E.2 of this permit.
D. HOLDER MAINTENANCE, RECONDITIONING OR RENOVATION PLAN. The holder at its expense shall perform
holder maintenance, reconditioning, or renovation as defined in clause IV.E.1(d) of this permit under a holder
maintenance, reconditioning, or renovation plan approved by the Forest Service. The holder maintenance,
reconditioning, or renovation plan shall describe required holder maintenance, reconditioning, or renovation
responsibilities and their frequency. The work performed under this plan shall not be subject to fee offset under clause
IV.E.
The holder shall maintain all equipment and other facilities on site in good repair and free of leakage of lubricants, fuel,
coolants, and hydraulic fluid. The holder shall properly dispose of all hazardous waste- contaminated soil, vegetation,
debris; vehicle oil filters (drained of free-flowing oil); oily rags; and waste oil in accordance with local, State, and Federal
regulations off of Government property and shall transport such substances, or arrange to have such substances
transported in accordance with State and Federal regulations.
E. ALTERATION OF GOVERNMENT IMPROVEMENTS. If during the term of this permit any government-owned
improvements are altered in any way, the material, equipment, fixtures or other appurtenances that are affixed to or
made a part of those improvements in connection with the alteration shall become the property of the United States,
regardless of whether the work is performed by the holder or any other party. The holder shall not be entitled to any
compensation for that property, other than to the extent it qualifies for fee offset under clause IV.E.
F. RESPONSIBILITY FOR DAY-TO-DAY ACTIVITIES. As a general rule, the holder shall conduct the day-to-day
activities authorized by this permit. Some but not all of these activities may be conducted by a party other than the
holder, but only with prior written approval of the authorized officer. The holder shall continue to be responsible for
compliance with all the terms of this permit.
G. REMOVAL AND PLANTING OF VEGETATION. This permit does not authorize the cutting of timber or other
vegetation. Trees or shrubbery may be removed or destroyed only after the authorized officer or his/her designated
agent has approved and marked what may be removed or destroyed. Timber cut or destroyed shall be paid for at
current stumpage rates for similar timber in the National Forest. The Forest Service reserves the right to dispose of the
merchantable timber to those other than the holder at no stumpage cost to the holder. Unmerchantable material shall
be disposed of as directed by the authorized officer. Trees, shrubs, and other plants may be planted in the permit area
as approved by the authorized officer.
H. SIGNS. Signs or other advertising posted on National Forest System lands shall be subject to prior written approval
of the authorized officer as to location, design, size, color, and content. Erected signs shall be maintained to standards
determined by the Forest Service.
I. NONDISCRIMINATION.
1. The holder and its employees shall not discriminate against any person on the basis of race, color, sex (in
educational activities), national origin, age, or disability or by curtailing or refusing to furnish accommodations, facilities,
services, or use privileges offered to the public generally. In addition, the holder and its employees shall comply with
the provisions of Title VI of the Civil Rights Act of 1964 as amended, Section 504 of the Rehabilitation Act of 1973, as
amended, Title IX of the Education Amendments of 1972, as amended, and the Age Discrimination Act of 1975, as
amended.
2. The holder shall include and require compliance with the above nondiscrimination provisions in any third- party
agreement made with respect to the operations authorized under this permit.

3. Signs setting forth this policy of nondiscrimination to be furnished by the Forest Service shall be conspicuously
displayed at the public entrance to the premises, and at other exterior or interior locations as directed by the Forest
Service.
4. The Forest Service shall have the right to enforce the foregoing nondiscrimination provisions by suit for specific
performance or by any other available remedy under the laws of the United States or the State in which the violation
occurs.
J. EQUAL ACCESS TO FEDERAL PROGRAMS. In addition to the above nondiscrimination policy, the holder agrees
to insure that its programs and activities are open to the general public on an equal basis ane without regard to any
non-merit factor.
K. NATIONAL RECREATION RESERVATION SERVICE (NRRS). The NRRS is the only authorized reservation
service to be utilized by the holder. No other reservation service of any kind may be used by the holder. Operational
procedures for the NRRS will be developed and placed in the annual operating plan.
III. RIGHTS AND LIABILITIES
A. LEGAL EFFECT OF THE PERMIT. This permit is revocable and terminable. It is not real property, does not
convey any interest in real property, and may not be used as collateral for a loan.
B. THIRD-PARTY 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.
C. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The parties to this permit do not intend to confer any rights
on any third party as a beneficiary under this permit, including any party who has responsibility for any day-to-day
activities authorized by this permit, if approved by the authorized officer under clause II.F.
D. WATER RIGHTS. This permit does not confer any water rights on the holder. Water rights must be acquired under
state law. Upon revocation or termination of this permit, the holder shall transfer any water rights associated with the
use and occupancy authorized by this permit to the succeeding permit holder. If there is no succeeding permit holder,
the holder shall relinquish those water rights to the Forest Service.
E. RISKS. The holder assumes all risk of the authorized improvements. Loss to the authorized improvements 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 authorized improvements are destroyed
or substantially damaged, the authorized officer shall conduct an analysis to determine whether the improvements can
be safely occupied in the future and whether rebuilding should be allowed. If rebuilding is not allowed, this permit shall
terminate.
F. DAMAGE TO UNITED STATES PROPERTY. The holder has an affirmative duty to protect from damage the land,
property, and other interests of the United States. Damage includes but is not limited to fire suppression costs, damage
to government-owned improvements covered by this permit, 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 holder
or the holder's heirs, assigns, agents, employees, contractors, or lessees on, or related to, the lands, property, and
other interests covered by this permit. For purposes of clauses III.F, III.I, and 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 law or regulation.
1. The holder 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 holder's use and occupancy of the site.
If the environment or any government property covered by this permit becomes damaged during the holder's use and
occupancy of the site, the holder 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 holder shall indemnify the United States for any damages arising out of the use and occupancy authorized by
this permit, including damage to government-owned improvements covered by this permit. The holder shall be liable for
all injury, loss, or damage, including fire suppression, or other costs in connection with rehabilitation or restoration of
natural resources associated with the use and occupancy authorized by this permit. 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
in connection therewith.

3. With respect to roads, the holder shall be liable for damage to all roads and trails of the United States open to public
use caused by use of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees to the same
extent as provided under clause III.F.1, except that liability shall not include reasonable and ordinary wear and tear.
G. HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION. The holder 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 permit. The holder shall promptly abate as completely as possible and in compliance with all
applicable laws and regulations any physical or mechanical procedure, activity, event, or condition existing or occurring
before, during the term of this permit or existing or occurring after the term of this permit and arising out of or relating to
any activity, event, or condition existing or occurring during the term of this permit that causes or threatens to cause: a
hazard to the safety of workers 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
holder 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 permit is solely that of the holder. The Forest Service has no duty under the terms of this permit to
inspect the permit area or operations and activities of the holder for hazardous conditions or compliance with health and
safety standards.
H. INDEMNIFICATION OF THE UNITED STATES. The holder shall indemnify, defend, and hold the United States
harmless for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or
omissions of the holder in connection with the use and occupancy authorized by this permit. This indemnification and
hold harmless provision includes but is not limited to acts and omissions of the holder or the holder's heirs, assigns,
agents, employees, contractors, or lessees in connection with the use and occupancy authorized by this permit which
result in: (1) violations of any laws and regulations which are now or which may in the future become applicable, and
including but not limited to those environmental laws listed in clause V.A of this permit; (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 holder to replace, repair, restore, or otherwise undertake necessary curative actions to mitigate damages
in addition to or as an alternative to monetary indemnification.
USER NOTES FOR CLAUSE III.I
Select the appropriate clause III.I below, in accordance with the type of insurance and holder.
Selection Item 1: For policies with separate limits of coverage for personal injury or death and third party
property damage, use the following clauses III.I, III.I.1, and III.1.2.
I. INSURANCE. The holder shall furnish proof of insurance, such as a certificate of insurance, to the authorized
officer prior to issuance of this permit and each year thereafter that this permit is in effect. The Forest Service reserves
the right to review and approve the insurance policy prior to issuance. The holder shall send an authenticated copy of
any insurance policy obtained pursuant to this clause to the Forest Service immediately upon issuance of the policy.
Any insurance policies obtained by the holder 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 shall also specify that the insurance company shall give 30 days' prior written notice to
the Forest Service of cancellation of or any modification to the policies. 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 permit.
1. Liability. The holder shall have in force liability insurance covering losses associated with the use and occupancy
authorized by this permit arising from personal injury or death and third-party property damage in the minimum amount
of:
$

for injury or death to one person,

$

for injury or death to more than one person, and

$

for third-party property damage.

2. Property. The holder shall have in force property insurance for

in the minimum amount of

which represents
of the insured property. The types of loss to be covered by this clause
shall include but not be limited to damage to Government-owned improvements identified herein. At the sole discretion
of the authorized officer, the Forest Service may require the holder to use all proceeds from property damage insurance
policies to repair, rebuild, restore, or replace damaged government property covered by the policy, or may obtain
payment of those proceeds from the concessionaire or the insurance company.
Depending on the holder's operations, the Forest Service may require the holder to demonstrate the availability of funds
to address any release or threatened release of hazardous materials that may occur in connection with the holder's use
and occupancy. Any requirements imposed would be established on a case-by-case basis by the authorized officer
based on the degree of environmental risk from the holder's operations. The use and storage of normal campground
maintenance items in nominal amounts would generally not trigger financial assurance requirements.
Selection Item 2: For policies with combined single limits of coverage for personal injury or death and thirdparty property damage, use the following clauses III.I, III.I.1, and III.I.2.
If the prospective holder is a state or one of its political subdivisions that has statutory or constitutional
authorities limiting its liability or obligation to indemnify, the authorized officer shall prepare a risk assessment
to determine the potential for loss to the United States from personal injury, death, or property damage caused
by the prospective holder's use and occupancy. If the authorized officer determines based on the risk
assessment that the potential for personal injury, death, or property damage caused by the prospective
holder's use and occupancy exceeds the limitations on the liability or indemnification obligation of the state or
its political subdivision, the prospective holder shall, as a precondition to issuance of this permit, procure
insurance under the terms of clause III.I of this permit in the amount determined in the risk assessment that
exceeds the liability or indemnification limitation of the state or its political subdivision.
I. INSURANCE. The holder shall furnish proof of insurance, such as a certificate of insurance, to the authorized
officer prior to issuance of this permit and each year thereafter that this permit is in effect. The Forest Service reserves
the right to review and approve the insurance policy prior to issuance. The holder shall send an authenticated copy of
any insurance policy obtained pursuant to this clause to the Forest Service immediately upon issuance of the policy.
Any insurance policies obtained by the holder 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 shall also specify that the insurance company shall give 30 days' prior written notice to
the Forest Service of cancellation of or any modification to the policies. 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 permit.
1. Liability. The holder shall have in force liability insurance covering losses associated with the use and occupancy
authorized by this permit arising from personal injury or death and third-party property damage in the minimum amount
of $ #LIAB_INS_AMOUNT# as a combined single limit per occurrence.
2. Property. The holder shall have in force property insurance for

in the minimum amount of

which represents
of the insured property. The types of loss to be covered by this clause
shall include but not be limited damage to Government-owned improvements identified herein. At the sole discretion of
the authorized officer, the Forest Service may require the holder to use all proceeds from property damage insurance
policies to repair, rebuild, restore, or replace damaged government property covered by the policy, or may obtain
payment of those proceeds from the concessionaire or the insurance company.
Depending on the holder's operations, the Forest Service may require the holder to demonstrate the availability of funds
to address any release or threatened release of hazardous materials that may occur in connection with the holder's use
and occupancy. Any requirements imposed would be established on a case-by-case basis by the authorized officer
based on the degree of environmental risk from the holder's operations. The use and storage of normal campground
maintenance items in nominal amounts would generally not trigger financial assurance requirements.
Selection Item 3. If the prospective holder is a federal agency, use the following clause III.I.

I. DAMAGE TO NATIONAL FOREST INTERESTS, PROPERTY, OR RESOURCES. As an agency of the
United States, the holder is limited by federal law as to the assumption of liability for its acts or omissions. The holder
agrees, within its legal limitations and limitations of appropriations, to be responsible for all damages arising from injury
to persons or property associated with the use and occupancy authorized by this permit. The holder further agrees, to
the extent legally permissible, to use its appropriations and resources as required to pay any claims and to repair
damage to the land within the permit area. This provision is intended to shield the appropriations of the Forest Service
from any burdens, other than administrative costs, which may arise in connection with the use and occupancy
authorized by this permit.
J. PERFORMANCE BOND. The authorized officer may at any time during the term of this permit require the holder to
furnish a bond or other security to secure any or all of the obligations imposed by the terms of this permit or any
applicable law, regulation, or order. The following terms shall apply if a bond is required.
1. Amount and Form of Bonding. As a further guarantee of compliance with the terms of this permit, the holder
agrees to deliver and maintain a surety bond or other acceptable security in the amount of #PERF_BOND_AMOUNT#.
In lieu of a bond, the holder may deposit and maintain in a federal depository cash in the foregoing amount or
negotiable securities of the United States having a market value at the time of deposit of at least the foregoing dollar
amount.
2. Sufficiency of Bonding. The authorized officer may periodically evaluate the adequacy of the bond and increase
or decrease the amount as appropriate. Should the bond or other security delivered under this permit become
unsatisfactory to the Forest Service, the holder shall within 30 days of demand furnish a new bond or other security
issued by a surety that is solvent and satisfactory to the Forest Service.
3. Remedies. The bond shall provide that at the Forest Service's sole discretion the surety shall pay the United States
for any loss covered by the bond or, in the event of complete default under the permit, shall pay a third party to operate
the concession for the balance of the permit term. The bond shall also provide that selection of a third party to operate
the site is subject to Forest Service approval. If the holder fails to meet any of the requirements secured under this
clause, the Forest Service has the discretion to require the surety to pay the United States for any loss covered by the
bond or, in the event of complete default under the permit, to pay a third party to operate the concession for the balance
of the permit term, without prejudice to any other rights and remedies of the United States.
K. SANITATION. The operation and maintenance of all sanitation and food service systems and facilities shall comply
with applicable standards set by state and local health departments.
L. REFUSE DISPOSAL. The holder shall comply with all applicable federal, state, and local requirements related to
disposal of any refuse resulting from the use and occupancy authorized by this permit.
IV. PERMIT FEES AND ACCOUNTING RECORDS
A. PERMIT FEES. The holder shall pay to the USDA, Forest Service, an annual permit fee for the term of this permit
percent of adjusted
based on the fair market value of the use and occupancy authorized by this permit of
gross revenue as defined in clause IV.B. The minimum annual permit fee for the authorized use and occupancy shall
. If the percentage of gross revenue in a given year is less than the minimum annual permit fee, the
be
holder shall pay the minimum annual permit fee. The holder shall pay the permit fee in advance of the authorized use
and occupancy, as provided in clause IV.C. Payments due before commercial operations commence pursuant to
clause IV.C.1 are not refundable, except to the extent they are subject to fee offset under clause IV.C.3 and IV.E. The
Forest Service may adjust the minimum permit fee every five years from the due date of the first annual payment to
make the annual permit fee commensurate with the fair market value of the authorized use and occupancy.
B. DEFINITIONS
1. Adjusted Gross Revenue. Gross revenue plus applicable revenue additions, minus applicable revenue
exclusions.
2. Gross Revenue. The total amount of receipts from the sale of goods or services provided by the holder or third
party under the permit.
3. Revenue Additions. The following are added to gross revenue:
(a) The value of goods and services that are donated or bartered; and

(b) The value of gratuities, which are goods, services, or privileges that are not available to the general public.
4. Revenue Exclusions. The following are excluded from gross revenue:
(a) Amounts paid or payable to a state licensing authority.
(b) Revenue from the sale of operating equipment and from capitalized or other assets used in authorized
operations.
(c) Refunds of use fees provided to the public by the holder.
C. PAYMENT SCHEDULE
1. Initial Payment. An initial cash payment representing the portion of the estimated annual permit fee for one month
of revenue during the operating season (but not less than $1,500, unless the total permit fee is less than $1,500) shall
be paid in advance of use each year. This payment is not refundable except to the extent that all or part of the initial
cash payment may be offset by the cost of work performed pursuant to a Granger-Thye fee offset agreement as
provided in clauses IV.C.3 and IV.E.2.
USER NOTES FOR CLAUSE IV.C.2
Select one of the following two clauses based on the total estimated annual permit fee.
Selection Item 1: Select the following clause where the estimated annual permit fee is less than $10,000.
Revise the payment due dates if the operating season is other than mid-May to mid-September. However,
payments must be made at least quarterly. Each payment is due in advance of use.
2. Subsequent Payments. The holder shall report sales, calculate fees due, and make payment in two
installments, on

, and on

.

Selection Item 2: Select the following clause where the estimated annual permit fee is more than $10,000.
2. Subsequent Payments. The holder shall report sales, calculate fees due, and make payment each month.
3. Holder-Performed Fee Offset Work.
(a) Work in Lieu of Cash Payments. Notwithstanding clause IV.C.2, the cost of work performed by the holder
pursuant to a Granger-Thye fee offset agreement as provided in clause IV.E.2 may be credited in lieu of cash payments
against the annual permit fee, provided that the work has been accomplished in accordance with the Granger-Thye fee
offset agreement, and has been accepted as completed by the Forest Service before the end of the holder’s fiscal year.
In the absence of a current, Granger-Thye fee offset agreement, payment must be made pursuant to clause IV.C.2.
(b) Documentation of Expenses. Prior to reimbursement or credit for Granger-Thye fee-offset work, the holder shall
submit sufficient documentation to allow the authorized officer to determine that the costs claimed are allocable to the
Granger-Thye fee offset agreement, actual, reasonable, and not unallowable.
4. Final Payment. The Forest Service shall reconcile annually the actual permit fee against permit fee payments made
and credits for fee offset work. The holder shall pay any additional fees owed for the past year’s operation within 30
days of billing.
5. Overpayment. Overpayment of the permit fee will be reimbursed by the Forest Service only if paid pursuant to
clauses IV.C.1 and 2. Credit for offset work pursuant to clause IV.C.3 is limited to the amount of the annual permit fee;
expenses will not be reimbursed if they are greater than the annual permit fee.
D. DOCUMENTATION OF REVENUE. The holder shall provide documentation of use and revenue for purposes of
permit fee verification.
1. Use and Revenue Data. The holder shall submit to the authorized officer on a monthly basis use and revenue data
covering each week of the operating season. At a minimum, such data shall consist of the number of sites occupied, all
extra vehicle charges, the total number of Golden Age and Golden Access Passports honored, the total amount of use
fees collected from the public, and the total amount of other types of revenue collected from the public.

2. Income Statements. No later than 90 days after the close of the holder's fiscal year, the holder shall submit to the
authorized officer a statement of income reporting the results of the holder's annual operations. The statement shall
include all adjustments, such as taxes deducted, and shall be broken down by categories of sales.
E. GRANGER-THYE FEE OFFSET. Pursuant to 16 U.S.C. 580d, the Forest Service may offset all or part of the permit
fee by the amount paid by the holder for renovation, reconditioning, improvement, and maintenance deemed to be the
government's responsibility, as defined below, of government-owned improvements and their associated land.
1. Definitions
(a) Maintenance. Actions taken to keep fixed assets in acceptable condition. Maintenance includes 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. Maintenance includes work
needed to meet laws, regulations, codes, and other legal direction as long as the original intent or purpose of the fixed
asset is not changed. Maintenance excludes activities aimed at expanding 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.
(b) Improvement. Advancing a fixed asset to a better quality or state. Improvement includes replacement.
Replacement means substitution or exchange of an existing fixed asset or component with one having essentially the
same capacity and purpose. Improvement is always the responsibility of the Government rather than the holder.
(c) Reconditioning or Renovation. A type of maintenance that rehabilitates an existing fixed asset or any of its
components in order to restore the functionality or life of the asset. Reconditioning and renovation do not include
construction of new facilities.
(d) Holder Maintenance, Reconditioning, or Renovation. Maintenance, reconditioning, or renovation that neither
materially adds to the value of the property nor appreciably prolongs its life. The work serves only to keep the facility in
an ordinary, efficient operating condition. From an accounting or tax perspective, it is work that may be expensed, but
not capitalized. Examples include but are 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, refinishing picnic tables, routine housekeeping, and general snow removal. In fulfilling these responsibilities,
the holder shall obtain any licenses and certified inspections required by regulatory agencies and follow state and local
laws, regulations, and ordinances and industry standards or codes applicable to the permitted operation.
(e) Government Maintenance, Reconditioning, Renovation, or Improvement. Maintenance reconditioning,
renovation, or improvement that arrests deterioration, improves and upgrades facilities, and appreciably prolongs the
life of the property. Examples include but are 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 other government-owned structures; replacing vault toilets with flush facilities, paving interior roads,
upgrading facilities, and installing utilities; and performing exterior painting and refinishing. Exterior painting that
repairs unsightly visual marks caused by everyday use does not meet the definition outlined above. Government
maintenance, reconditioning, renovation or improvement, whether performed by the holder or the Forest Service, shall
be performed at the sole discretion of the authorized officer.
2. Granger-Thye Fee Offset Agreement. Before issuance of this permit and before each operating season
thereafter, the Forest Service and the holder shall enter into an annual written Granger-Thye fee offset agreement that
specifies the government maintenance, reconditioning, renovation and improvement to be used to offset the permit fee.
The agreement shall specify whether the concessionaire shall be required or has the option to enter into a collection
agreement to have the Forest Service perform the work. The agreement shall enumerate the portion of the permit fee to
be offset by the cost of work performed by the holder and the schedule for completion of offset work. Additionally, the
agreement shall specify the portion of the permit fee to be offset by the cost of work performed by the Forest Service.
The agreement shall specify which projects are to be used for offset that year and shall also include standards for
completion of the projects and examples of allowable costs.
3. Collection Agreements for Forest Service Oversight for Major Government Maintenance, Reconditioning,
Renovation, and Improvements Performed by the Holder. The Forest Service may require the holder to enter into a
collection agreement with the Forest Service to pay the cost of a Forest Service employee administering and
overseeing major government maintenance, reconditioning, and improvement projects and offset those costs against
the holder's annual permit fee. For purposes of this clause only, a major government maintenance, reconditioning, and

improvement project is one costing
or more. Allowable costs include monitoring to ascertain that work is
being done to Forest Service standards. Allowable costs do not include routine permit administration by the Forest
Service. If the Forest Service exercises this option, a separate collection agreement shall be executed by the parties
and made a part of this permit.
F. 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. No appeal of disputed fees will be considered by the
Forest Service without full payment of the disputed amount. Adjustments will be made if dictated by settlement terms or
an appeal decision.
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.
(d) Termination for Nonpayment. This permit shall terminate without the necessity of prior notice and opportunity to
comply when any permit fee payment is 90 calendar days from the due date in arrears. The holder shall be responsible
for the delinquent fees, as well as any other costs of restoring the site to its original condition, including hazardous
waste cleanup.
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 holder from the Forest Service.
(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 holder, as provided by 31 U.S.C. 3720 et seq.
(d) Disclosure to consumer or commercial credit reporting agencies.
G. ACCOUNTING RECORDS AND ACCESS. The holder shall follow generally accepted accounting principles or
other cash basis of accounting in recording financial transactions. When requested by the Forest Service, the holder at
its own expense shall have its annual accounting records audited by an independent public accountant acceptable to
the Forest Service. The holder shall require any party who has responsibility for any day-to-day activities under clause
II.F of this permit to comply with these same requirements. The holder shall make all of the accounting books and
supporting records for the business activities authorized by this permit, as well as those of any parties authorized to
operate under clause II.F of this permit, available for audit by the Forest Service or other federal agencies authorized to
review Forest Service activities. The holder shall retain these records and make them available for review for five years
after the end of the year they were generated, unless disposition is otherwise authorized by the Forest Service in
writing.
V. RESOURCE AND IMPROVEMENT PROTECTION
A. COMPLIANCE WITH ENVIRONMENTAL LAWS. The holder shall in connection with the use and occupancy
authorized by this permit comply with all applicable federal, state, and local environmental laws and regulations,

including but not limited to those established pursuant to the 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 SYSTEMS
1. The holder, as the water supplier and operator of the drinking water system, shall operate the system in compliance
with Forest Service Manual (FSM) Chapter 7420, applicable federal, state, and local drinking water laws and all
regulations applicable to public and nonpublic drinking water systems. This includes, but is not limited to, renovation,
operating and maintaining the system and conducting drinking water testing, maintaining records to demonstrate
compliance, and taking the appropriate corrective and follow-up actions in accordance with Appendix F of this permit
(Operation of Federally Owned Drinking Water Systems) and federal, state, and any other applicable requirements.
The holder shall be able to demonstrate compliance with Appendix F of this permit (Operation of Federally Owned
Drinking Water Systems) and all other applicable requirements by maintaining all necessary records. For the purposes
of this authorization, public water systems are as defined in the Safe Drinking Water Act, 42 U.S.C. 300f et seq., as
amended, and in the National Primary Drinking Water Regulations, 40 CFR Part 141, or by state regulations if more
stringent. Requirements under FSM 7420 applicable to the holder are set forth in this section and Appendix F to the
permit entitled "Operation of Federally Owned Drinking Water Systems.”
2. For federally owned systems, the holder shall notify and consult with the Forest Service within 24 hours or on the
next business day after notification by the laboratory of a sample that tests positive for microbiological contamination.
The holder shall provide a copy of positive lab test to the Forest Service within one week of receiving the lab result. The
holder shall notify the State drinking water program and Forest Service within 48 hours of any failure to comply with a
federal or state drinking water requirement and make a written record that the notification occurred and place it in the
system’s record file. The holder shall notify and consult with the Forest Service within 48 hours of notification of a
maximum contaminant level violation or an acute violation. The holder shall respond to the microbial contamination
event as specified in Appendix F of this permit (Operation of Federally Owned Drinking Water Systems) and applicable
regulations.
3.
The holder shall retain all records as required by applicable laws and regulations. The holder agrees to make
the records available upon request to the Forest Service and to any other regulatory agency authorized to review Forest
Service activities. Copies of microbiological test results for federally owned water systems shall be forwarded monthly
to the Forest Service by the 15th of the month following the sampling date. Copies of all other drinking water sample
results shall be forwarded to the Forest Service at the end of the operating season. If the operating season is longer
than six months in length, copies of sample results must be provided to the Forest Service every six months. The
holder shall clearly identify all sample results that violate FSM requirements or state, federal, and local requirements
when the copies are submitted. Sample results that violate any of these requirements must have the results of required
follow up samples attached. Copies of sample results that violate state requirements must have documentation
attached to demonstrate that the state was informed of the violation within 48 hours of the lab notifying the holder of the
results. The holder shall surrender all records for a federally owned system to the Forest Service upon permit
termination or revocation.
4. For federally owned systems, the holder shall provide the name of the water system operator in writing to the Forest
Service and notify the authorized officer within 72 hours of a change in personnel. Operators shall be certified to
operate drinking water systems for all water systems classified as community or non-transient noncommunuity system
or when otherwise required by the state in which the system is located. Records to demonstrate operator certification
shall be kept by the holder and made available to Forest Service upon request.
C. VANDALISM. The holder 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. Pesticides may not be used to control undesirable woody and herbaceous vegetation, aquatic
plants, insects, rodents, trash fish, and other pests and weeds without prior written approval from the authorized officer.
A request for approval of planned uses of pesticides shall be submitted annually by the holder 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 or weeds
require control measures that were not anticipated at the time an annual report was submitted. Only those materials
registered by the U.S. Environmental Protection Agency for the specific purpose planned shall be considered 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.
E. ARCHAEOLOGICAL-PALEONTOLOGICAL DISCOVERIES. The holder shall immediately notify the authorized
officer of any antiquities or other objects of historic or scientific interest, including but not limited to historic or prehistoric
ruins, fossils, or artifacts discovered as the result of operations under this permit. The holder shall leave such
discoveries intact until authorized to proceed by the authorized officer. Protective and mitigative measures specified by
the authorized officer shall be the responsibility of the holder.
F. PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND SENSITIVE SPECIES. Location of areas
needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered
Species Act (ESA), 16 U.S.C. 531 et seq., as amended, or as sensitive by the Regional Forester under the authority of
Forest Service Manual Chapter 2670, derived from ESA Section 7 consultation, may be shown on a separate map,
hereby made a part of this permit, or identified on the ground. Protective and mitigative measures specified by the
authorized officer shall be the sole responsibility of the holder. If protective measures prove inadequate, if other such
areas are discovered, or if new species are listed as federally threatened or endangered or as sensitive by the Regional
Forester, the authorized officer may specify additional protection, regardless of when such facts become known.
Discovery of such areas by either party shall be promptly reported to the other party.
G. CONSENT TO STORE HAZARDOUS MATERIALS. The holder shall not store any hazardous materials at the site
without prior written approval from the authorized officer. This approval shall not be unreasonably withheld. If the
authorized officer provides approval, this permit shall include, or in the case of approval provided after this permit is
issued, shall be amended to include specific terms addressing the storage of hazardous materials, including the specific
type of materials to be stored, the volume, the type of storage, and a spill plan. Such terms shall be proposed by the
holder and are subject to approval by the authorized officer.
USER NOTE FOR CLAUSE V.G.

Add the clauses below when consenting to store hazardous materials.
1. If the holder receives consent to store hazardous material, the holder shall identify to the Forest Service any
hazardous material to be stored at the site. Such identification information shall be consistent with column (1) of the
table of hazardous materials and special provisions given at 49 CFR 172.101 whenever the hazardous material appears
in that table. For hazard communication purposes, the holder shall maintain Material Safety Data Sheets for any stored
hazardous chemicals, consistent with 29 CFR 1910.1200(c) and (g). In addition, all hazardous materials stored by the
holder shall be used, labeled, stored, transported, and disposed of in accordance with all applicable Federal, State, and
local laws and regulations.
2. The holder shall not release any hazardous material as defined in clause III.F. onto land or into rivers, streams,
impoundments, or into natural or man-made channels leading thereto. All prudent and safe attempts must be made to
contain any release of these materials. The authorized officer in charge may specify specific conditions that must be
met, including conditions more stringent than Federal, State, and local regulations, to prevent releases and protect
natural resources.
3. The holder shall immediately notify all appropriate response authorities, including the national Response Center and
the Forest Service authorized officer or designated representative, of any oil discharge or of the release of a hazardous
substance at the site in an amount greater than or equal to its reportable quantity, in accordance with 33 CFR part 153,
subpart B, and 40 CFR 302. For the purposes of this requirement, “oil” is as defined by section 311(a)(1) of the Clean
Water Act, 33 U.S.C. 1321(a)(1). The holder shall immediately notify the Forest Service designated representative upon
knowledge of any release [or threatened release] of any hazardous material at or in the vicinity of the permit area which
may be harmful to public health or welfare or which may adversely affect natural resources under the management
authority of the United States.
H. CLEANUP AND REMEDIATION. 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 holder shall clean up or otherwise remediate any release,
threat of release, or discharge of hazardous materials that occurs either on site or in connection with the holder's
activities, whether or not those activities are authorized under this permit. The holder shall perform cleanup or
remediation immediately upon discovery of the release, threat of release, or discharge of hazardous materials. The
holder 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 permit, the holder shall deliver the site to the Forest Service free
and clear of contamination.

I. CERTIFICATION UPON REVOCATION OR TERMINATION. If the holder uses or stores hazardous materials at
the site, upon revocation or termination of this permit the holder shall provide the Forest Service with a report certified
by a professional or professionals acceptable to the Forest Service that the site covered by this permit is
uncontaminated by the presence of hazardous materials and that there has not been a release or discharge of
hazardous materials upon the site, into surface water at or near the site, or into groundwater below the site during the
term of the permit. If a release or discharge has occurred, the professional or professionals shall document and certify
that the release or discharge has been fully remediated and that the site is in compliance with all federal, state, and
local laws and regulations.
VI. REVOCATION, SUSPENSION, AND TERMINATION
A. REVOCATION AND SUSPENSION. The Forest Service may suspend or revoke this permit in whole or in part:
1.
2.
3.
4.
5.

For noncompliance with federal, state, or local laws and regulations.
For noncompliance with the terms of this permit.
For failure of the holder to exercise the privileges granted by this permit;
With the consent of the holder; or
At the discretion of the authorized officer, for specific and compelling reasons in the public interest.

B. OPPORTUNITY TO TAKE CORRECTIVE ACTION. Prior to revocation or suspension under clause VI.A, the
authorized officer shall give the holder written notice of the grounds for the action to be taken and a reasonable time,
not to exceed 30 days, to complete corrective action prescribed by the authorized officer.
C. IMMEDIATE SUSPENSION. The authorized officer may immediately suspend this permit in whole or in part when
necessary to protect public health or safety or the environment. The suspension decision must be in writing. Within 48
hours of the request of the holder, the superior of the authorized officer shall arrange for an on-the-ground review of the
adverse conditions with the holder. Following this review the superior shall take prompt action to affirm, modify, or
cancel the suspension.
D. APPEALS AND REMEDIES. Any written decisions by the authorized officer relating to administration of this permit
are subject to the administrative appeal regulations at 36 CFR Part 251, Subpart C, or revisions thereto. Revocation or
suspension of this permit shall not give rise to any claim for damages by the holder against the Forest Service.
E. TERMINATION. This permit shall terminate when by its terms a fixed or agreed upon condition, event, or time
occurs without any action by the authorized officer. Examples include but are not limited to expiration of the permit by
its terms on a specified date and termination upon change of control of the business entity. Termination of this permit is
not subject to administrative appeal.
VII. MISCELLANEOUS PROVISIONS
A. REGULATING SERVICES AND RATES. The Forest Service reserves the right to regulate the adequacy, type, and
price of services provided to the public and to require that these services conform to satisfactory standards. The holder
may be required to furnish a schedule of prices for sales and services authorized by this permit. Such prices and
services may be regulated by the Forest Service, provided that the holder shall not be required to charge prices
significantly different from those charged by comparable or competing businesses.
B. ADVERTISING. The holder orally and in advertisements, signs, circulars, brochures, letterheads, and other
materials shall not misrepresent in any way the accommodations or services provided or the status of the permit or
National Forest shall be made readily
permit area. The fact that the permit area is located on the
apparent in all the holder's brochures and print advertising regarding use of the permit area.
C. CURRENT ADDRESSES. The holder and the Forest Service shall keep each other informed of current mailing
addresses, including those necessary for payment of fees.
D. HOLDER REPRESENTATIVE. The holder or a designated representative shall be present on the premises at all
times when the facilities are open to the public. The holder shall notify the authorized officer in writing as to who the
representative will be.
E. LIQUOR SALES PROHIBITED. The sale of liquors or other intoxicating beverages is prohibited in the permit area.

F. GAMBLING. Gambling or gambling devices shall not be permitted on National Forest System lands, regardless of
whether gambling or gambling devices are lawful under state or local law.
G. FIREWORKS. The sale of fireworks is prohibited on land covered by this permit. Possession or use of fireworks on
land covered by this permit is also prohibited without prior written approval from the authorized officer.
H. DISORDERLY CONDUCT. Disorderly or otherwise objectionable conduct by the holder or those occupying the
premises with the holder's permission shall upon proof thereof be cause for revocation of this permit.
I. SERVICES NOT PROVIDED. This permit does not provide for the furnishing of road maintenance, water, fire
protection, or any other such service by a government agency, utility, association, or individual.
J. MEMBERS OF CONGRESS. No member of or delegate to Congress or resident commissioner shall benefit from
this permit either directly or indirectly, except to the extent the authorized use provides a general benefit to a
corporation.
K. SUPERIOR CLAUSES. In the event of any conflict between any of the preceding printed clauses and any
subsequent clauses or provisions in the appendices attached to this permit, the preceding printed clauses shall control.
#INSERT TERM HERE#

<>
This permit is accepted subject to all its terms and conditions.
HOLDER:

U.S. DEPARTMENT OF AGRICULTURE
Forest Service

By:

By:

.
(Title)
Date:

(Authorized Officer)
Date:

.

[Attach annual operating plan, annual Granger-Thye fee offset agreement, holder maintenance and
reconditioning plan, recreation site maps, facility and improvement inventory, "Operation of Federally Owned
Drinking Water Systems," and any other appendices.]
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.

<>
This permit is accepted subject to all its terms and conditions.
Date:

CORPORATE NAME:

(CORPORATE SEAL)
By:

.
(Vice) President

ATTEST:
(Assistant) Secretary
The following certificate shall be executed by the Secretary or Assistant Secretary of the corporation:
I,

, certify that I am the

Secretary of the corporation that executed this

, who signed this permit on behalf of
was then
of that
permit; that
corporation; that I know his/her signature; that his/her signature on this permit is genuine; and that this permit was
by authority of its board of directors.

signed, sealed, and attested to on behalf of

(CORPORATE SEAL)

(Assistant) Secretary

U.S. DEPARTMENT OF AGRICULTURE
Forest Service
By:
.
(Authorized Officer)
Date:

.

[Attach annual operating plan, annual Granger-Thye fee offset agreement, holder maintenance and
reconditioning plan, recreation site maps, facility and improvement inventory, "Operation of Federally Owned
Drinking Water Systems," and any other appendices.]

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.

APPENDIX F :
OPERATION OF FEDERALLY OWNED DRINKING WATER SYSTEMS
I. INTRODUCTION

The requirements set forth in this Appendix pertain to holders of Forest Service special use permits that
authorize the holder to operate federally owned drinking water systems. This includes special use permits authorized
under the Granger-Thye Act, 16 U.S.C. § 580d.
The requirements set forth below are derived from Chapter 7420 of the Forest Service Manual (FSM), which
describes the Forest Service Drinking Water Program. The objective of the Forest Service Drinking Water Program is
to protect the health of the public and Forest Service personnel by ensuring that water provided by the Forest Service
for human consumption is safe and protected. Where this objective cannot be met, the Forest Service policy is to make
such waters unavailable for human consumption. "Human consumption" includes the use of water for drinking, food
preparation, dishwashing, oral hygiene, or bathing/showering.
When a permit holder operates federally owned water systems, both the Forest Service and the permit holder
are considered suppliers of the water. Therefore, permit holders authorized to operate federally owned water systems
must operate and maintain the systems to meet the objective and policy of the Forest Service Drinking Water Program.
Failure to operate these drinking water systems accordingly may result in revocation of the permit.
In addition to fulfilling the requirements set forth below, permit holders operating federally owned water systems
must comply with all applicable federal, State, interstate, and local requirements applicable to drinking water systems,
and must follow the Operation and Maintenance Plan developed in conjunction with the Forest Service to address the
specific system(s).
Nothing in this Appendix should be interpreted as diminishing any obligation imposed by federal, State,
interstate, or local authority.
II. APPLICABLE DEFINITIONS
A. Average Daily Population (ADP). For classification purposes, the sum of the daily transient and daily resident
population served or having access to the drinking water system, per month, divided by the days of the month. Where
actual or sample counts are not available at recreation sites, determine ADP by multiplying Persons-At-One-Time
(PAOT) by the percentage of site use where PAOT equals four people per site.
B. Condition Survey. An onsite review of the facilities, equipment, and operation and maintenance of the a drinking
water system to evaluate the adequacy of those elements for producing and distributing safe drinking water and
meeting FSM and regulatory requirments. Condition surveys are an integral part of the sanitary surveys and serve as a
supplement to the last current sanitary survey.
C. Confluent Growth. A continuous bacterial growth covering the entire filtration area of a membrane filter, or a
portion thereof, in which bacterial colonies are not discrete. This does not necessarily include coliform growth. Noncoliform growth is often called heterotrophic growth.
D. Drinking Water System. A system for providing water suitable for human consumption via service connections
(including handpump wells).
E. Human Consumption. Use of water for drinking, food preparation, dishwashing, oral hygiene, or
bathing/showering.
F. Maximum Contaminant Level (MCL). As defined by federal, State, or local law, but generally: The maximum
permissible level of a contaminant in water which is delivered to any user of a public water system.
G. Non-Public Water System. A system not meeting the public water system definition. A non-public water system is
subdivided into the following categories:
·Non-Public, Non-Transient (NPNT). A system serving less than 25 year-round residents or serving less than
25 of the same persons ADP more than 180 days per year (for example, some housing sites).

·Non-Public, Transient (NPT). A system serving less than 25 individuals ADP and not meeting the
requirements of NPNT water system (for example, some smaller recreation sites).
H Population Served. The holder shall use the drinking water system classification provided by the authorized
officer to determine the system class and applicable FSM Chapter 7420 and state, federal, and local regulatory
requirements.
I. Public Water System. As defined in the Safe Drinking Water Act, 42 U.S.C. § 300f et seq., as amended, and in the
National Primary Drinking Water Regulations, 40 CFR Part 141, or by State or local regulation if more stringent.
J. Repeat Samples. A set of samples taken when a routine sample is total coliform-positive or when a repeat sample
is total coliform-positive. Repeat samples shall be collected within 24 hours of notification of a positive result.
K. Routine Sample. A sample that is representative of the water throughout the distribution system, taken by properly
trained personnel on a routine basis when the system is operational, used to determine the microbial quality of the
water.
L. Sanitary Survey. As defined by applicable Federal, State, or local regulations, but generally: An onsite review
performed by the State or qualified Forest Service engineer of the water source, facilities, equipment, operation, and
maintenance of a public water system for the purpose of evaluating the adequacy of the source, facilities, equipment,
operation, and maintenance for the purpose of ensuring the distribution of safe drinking water.
M. Service Connection. The structure by which drinking water is conveyed from the distribution system to the user.
Examples of service connections include: an individual building (residence, crew quarters, office, or mobile home -- not
including utility hose bibs stubbed from building plumbing); a building exterior drinking fountain provided for public use;
an individual yard or campground hydrant; a handpump on a well.
N. Special Sample. A sample collected to determine the success of corrective actions. Special samples may also be
taken to determine whether seasonal systems are ready to be opened, or whether disinfection practices are sufficient
following pipe or tank repair or replacement. Special samples must be marked as such when sent in to the laboratory
for analysis.
III. Requirements for Operating Federally Owned Drinking Water Systems
A. Compliance With Applicable Standards. All federally owned public water systems shall comply with the
requirements of Appendix F of this permit (Operation of Federally Owned Drinking Water Systems) , the Safe Drinking
Water Act, 42 U.S.C. § 300f et seq.; the National Primary Drinking Water Regulations (NPDWR), 40 CFR 141; the
National Secondary Drinking Water Regulations (NSDWR), 40 CFR 143; any other applicable federal law; and
applicable State, interstate, and local requirements, in addition to the standards stated in this document.
Federally owned non-public water systems shall conform to Appendix F of this permit (Operation of Federally Owned
Drinking Water Systems) which requires monthly total coliform sampling for non-public systems, among other
requirements and to any federal, State, interstate, and local requirements that may apply.
B. Classification. All drinking water systems are classified by the Forest Service as either public water systems or
non-public water systems. Public water systems shall be further classified in accordance with federal, state, or local
requirements (e.g., "community" or "non- community," and so on). Non-public water systems shall be further classified
as NPNT or NPT. The regulatory authorities and the Forest Service are responsible for making the final determination
of how a water system is classified.
C. Certified Water System Operators. All personnel operating and testing water systemsshall be certified as
required by federal, State, and local regulations. The permit holder shall provide the name of the water system operator
in writing to the Forest Service and notify the authorized officer within 72 hours of a change in personnel.
D. Initial Survey. Sanitary surveys shall be performed and documented for a new drinking water supply source and
system before it becomes available for public use. If deficiencies are found, the Forest Supervisor shall approve a
corrective action plan prepared to address the deficiencies, and the system may not be used until corrective action is
completed and is demonstrated to have corrected any deficiencies.
Subsequent Sanitary Surveys. Sanitary surveys shall be conducted on all systems in accordance with applicable
State regulations, or more frequently if there are recurring deficiencies. The Forest Service shall conduct regularly

scheduled sanitary surveys and the holder shall assist the Forest Service by providing laboratory test results, locating
components at the site, operating valves and equipment. However, the permit holder is responsible for coordinating
with the Forest Service to ensure that additional sanitary surveys are performed as required in the event of system
violations, in accordance with the required follow-up actions set forth below.
E. Condition Surveys. The permit holder shall coordinate with the Forest Service to ensure performance of condition
surveys. Condition surveys must be performed whenever:
1. Routine bacteriological analysis indicates, and a bacteriological repeat sample confirms, that coliform bacteria exist.
2. A seasonal system is opened for the season.
3. There is a significant event or change in conditions that may affect the supply or system (e.g., a significant
earthquake).
F. Treatment and Disinfection. Drinking water systems having surface water sources or groundwater sources under
the direct influence of surface water shall be disinfected and filtered in accordance with federal, State, and local
regulations. Direct influence of surface water for individual sources shall be determined by the State and/or qualified
Forest Service Engineer. The determination is typically based on State criteria which may include site-specific
measurements of water quality and/or documentation of source construction, characteristics and geology.
Water systems utilizing ground water sources not under the direct influence of surface water shall be disinfected if there
is a history of microbiological contamination or when a condition or sanitary survey determines that microbiological
contamination could occur, or as required by other applicable law.
The permit holder is responsible for ensuring that water systems are disinfected and treated as required. The permit
holder is responsible for operating and monitoring any treatment and disinfection system installed by the Forest Service,
and for notifying the Forest Service in the event of any treatment system malfunction.
G. Sampling, Monitoring, and Follow-up Actions. As indicated above. The permit holder shall institute a drinking
water monitoring program according to Appendix F (Operation of Federally Owned Drinking Water Systems) NPDWR,
NSDWR, and State and local regulations to monitor the level of primary and secondary contaminants in the water
system and take appropriate follow-up actions.
The permit holder shall consult with the Forest Service to develop a written sample siting plan for each public and nonpublic water system. The siting plan should be designed to ensure that the system is routinely sampled at varied
representative locations and that contamination in any portion of the distribution system is eventually detected.
Testing laboratories must be EPA and/or State approved. Samples shall be collected and handled in compliance with
laboratory requirements. The Forest Service authorized officer shall approve of the manner in which the laboratory
notifies the permit holder of violations. The Forest Service requires that the laboratory notify the authorized officer of
violations directly. The holder is responsible for providing the name and address of the authorized officer to ensure the
laboratory sends copies of samples results that indicate violation to the Forest Service. The laboratory should be able to
report results immediately if a test result is total or fecal coliform positive.
The Forest Service imposes additional sampling, monitoring, and follow-up actions, set forth below, per the
requirements of FSM Chapter 7420 and Appendix F (Operation of Federally Owned Drinking Water Systems).

1. (a) Routine Sampling for All Systems. The permit holder shall perform microbiological testing for total
coliform bacteria at a minimum of one routine sample per month for every full or partial calendar month of
operation, for all systems. Each handpump should be considered a separate water system.
Microbiological sampling shall be conducted every month. Samples should be taken at approximately 30-day
intervals. Samples shall be taken early in the month to allow sufficient time for follow-up samples to be taken.
A higher frequency of routine sampling may be required for public water systems by NPDWR and State
regulation.
The permit holder shall notify and consult with the Forest Service within 24 hours or on the next business day
after notification by the laboratory of a sample that tests positive for microbiological contamination. The permit
holder shall notify and consult with the Forest Service within 48 hours of notification of a MCL violation or an
acute violation.

(b) Special Samples for All Systems. At least one special sample shall be taken and shall test total coliform
negative before that system may be opened. Special samples do not count in determining MCL violations
or in meeting the monthly sampling requirements.
(c) Microbiological Contaminant Monitoring for Non-Public Water Systems. The permit holder shall
monitor non-public water systems for microbial contamination in the same manner as is required in the
Forest Service Manual Chapter 7420 for non-community public systems and any federal, State, and local
regulations (except for reporting to the regulatory agency). In addition to federal and State requirements,
the permit holder shall take the appropriate follow-up actions as described in Exhibit 1 of this document
whenever a routine sample tests total coliform positive.

2. Disinfectant Residuals Monitoring for All Systems. The permit holder shall perform residual disinfectant
monitoring in accordance with federal, State, and local regulations for all public systems requiring disinfection, and
shall monitor and take follow-up action for non-public systems requiring disinfection in the same manner (except for
reporting to regulatory agencies).

3. Turbidity Monitoring. The permit holder shall perform turbidity monitoring and follow-up in compliance with
federal, State, and local regulations for all public systems, and also for non-public systems using surface water
sources ground water sources determined to be under the direct influence of surface water, and for any systems
designated by the State.
4. Additional Monitoring of Primary and Secondary Contaminants, Regulated and Unregulated Organic and
Inorganic Chemicals, and Other Contaminants. All public water systems are required to be monitored for
primary and secondary contaminants in accordance with the NPDWR, NSDWR, and applicable State and local
regulations. Comply with federal, State, and local monitoring schedules for all contaminants in public systems.
Additionally, the permit holder shall perform one baseline sampling, as a minimum, for the primary and secondary
contaminants shown in Exhibit 2 of this document on all non-public systems and public transient non-community
systems. For new systems, conduct the sampling and analyses before opening the system. If the one-time test
results exceed the MCL established for public systems, perform follow-up monitoring and take action in accordance
with the regulations applicable to public water systems (except for reporting to the regulatory agency).
5. Radioactivity. At a minimum, perform radionuclide monitoring on public community and public non-transient,
non-community water systems in accordance with the federal, State, and local standards.
H. Record-Keeping. The permit holder shall establish a permanent file for each drinking water system including all
test results, corrective actions taken, documentation that the state and Forest service were notified within 48 hours of a
known violation, and annual condition surveys. The permit holder shall maintain original documents of records as
required by 40 CFR 141.33 and applicable State and local regulations. The permit holder shall maintain original
documents of records pertaining to additional requirements imposed by the Forest Service for public and non-public
water systems in a comparable fashion.
The permit holder shall forward copies of microbiological test results for federally owned water systems to the Forest
Service by the 15th of the month following the sampling date. Copies of other required records for federally owned
systems shall be forwarded annually to the Forest Service within 15 days of the end of the operating season for
seasonal sites or within 15 days of the end of the calendar year for year-round operations. The holder shall surrender
all records for a federally owned system to the Forest Service upon permit termination or revocation.

I. Infeasibility. Where compliance with any applicable standard is physically infeasible, such as in certain wilderness
areas, cross-country trails, or roadside springs, in addition to coordinating with the Forest Service to secure any
necessary variances or exemptions to ensure compliance with the law, the holder shall keep such water sources in an
undeveloped condition indicating the water source is unprotected. When providing the public with information about
these water sources through trail guides, brochures, maps, etc., the permit holder shall include a warning statement as
to potability of undeveloped water sources. Undeveloped water sources shall not be identified on such information in a
way that may mislead users into believing the water is protected and safe. The permit holder shall take any additional
measures to protect the public as are required by Federal, State, or local law with regard to such water sources.
J. Range and Wildlife Water Systems. The requirements stated herein should not be applied to range or wildlife

water systems if their design and construction features clearly indicate that they are not for human use. However, if
range or wildlife water systems are an integral part of a drinking water system, such integral parts shall meet the
requirements for drinking water. The Forest Service and/or State shall make the final determination of which water
systems must be treated as water systems that supply water for human consumption.
K. Hoses and Similar Equipment. Hoses that convey drinking water shall have a smooth interior surface made of
food-grade standard materials. The permit holder shall keep pumps, hoses, fittings, valves, and similar equipment in a
manner which prevents contamination, and shall keep them closed or capped when not in use.

Exhibit 1
Follow-up Actions for Microbiological Sampling
A. Public Systems. Whenever a routine sample result is total coliform-positive, take follow-up action as required by
federal, State, and local regulation, but at a minimum take a set of four repeat samples within 24 hours of notification by
the lab. Take the samples at locations as directed by law, in accordance with the sample siting plan, and as follows:
1.

One at the same tap where the contamination occurred.

2.

One at a downstream tap.

3.

One at an upstream tap.

4.

One within five service connections of the original sample.

If a system has only one service connection (such as a handpump), sample according to applicable law, but at a
minimum collect a single 400 milliliter sample.
In addition, take follow-up action as indicated in the chart and instructions below within 24 hours, based on the results of
repeat sampling.
For any routine sample that is total coliform-positive, perform a minimum of five routine samples during the next month
the system is open.
B. Non-Public Systems. Whenever a routine sample result is total coliform positive, take one repeat sample within 24
hours of notification of the result.
In addition, take follow-up action as indicated in the chart and instructions below within 24 hours, based on the results of
repeat sampling.
C. All Systems. Temporary closure of a water system for the purpose of performing corrective action or seasonal
closure does not relieve the responsibility for compliance with repeat sampling, additional routine sampling, reporting to
EPA or the State, and public notification as set forth in the federal, State, and local regulations.
At sites with water-carried sewage systems, if follow-up action is to close the system, the toilet supply may be left open
if all points of drinking, including sinks and showers, can be isolated and shut off. Otherwise, shut off the entire system.
In the case of a waterborne disease outbreak at a federally owned water system, close the system, contact the Forest
Service and the State for special provisions for public notification and monitoring, and take whatever additional
measures the law requires.

Follow-up Actions for Microbiological Sampling

Based on the results of the repeat sampling, initiate the appropriate follow-up actions within 24 hours:

SAMPLE RESULT

ROUTINE SAMPLE

REPEAT SAMPLE

MCL VIOLATION

ACUTE VIOLATION

FOLLOW-UP ACTION

TC-

None

No

No

None. Quality Satisfactory.

TC+
FC-/EC-

TC-

No

No

TC+
FC-/EC-

TC+
FC-/ECTC+
FC+/EC+

Yes

No

Public systems must have five
routine samples taken the next
month the system is open.
See Action 1 (below).

Yes

Yes

See Action 2.

TC-

No

No

Yes

Yes

Public systems must have five
routine samples taken the next
month the system is open.
See Action 2.

Yes

Yes

See Action 2.

TC+
FC-/ECTC+
FC+/EC-

TC+
TC+
FC+/EC+
FC-/ECTC+
TC+
FC+/EC+
FC+/EC+
Confluent Growth
See Action 3
TC = Total Coliform
EC = E. Coli
FC = Fecal Coliform
ACTION 1:
MCL VIOLATION

No

No
- = Negative test results
+ = Positive test results

See Action 3.

A. All Systems. Search for the source of the contamination by having a condition survey done. Take corrective action when
the source of contamination is found. Take daily special samples until two consecutive special samples are TC negative. If
three samples are TC positive, close the system. Open the system only after the problem has been corrected and two
consecutive daily special samples are TC negative.
Notify users according to appropriate State or NPDWR notification procedures including: posting, hand delivery, or media
(newspaper, radio, or television), depending on the classification of the system and corresponding State direction. For nonpublic systems where State or EPA regulations have not established public notification procedures, notify users as soon as
possible but always within 14 days by posting signs at the facility, visitor information site, etc. For systems serving residential
populations, make notification by letter, in addition to posting signs.
B. Public Systems. Notify, consult, and coordinate with the State within the time period required by law after notification of the
positive result. Take five routine samples the next month the system is open.
ACTION 2:

ACUTE VIOLATION

A. All systems. Close the water system. At sites with water-carried sewage systems, the toilet supply may be left open if all
points of drinking, including showers and sinks, can be isolated and shut off. Otherwise, shut off the entire system. Search for
the source of contamination by having a condition survey done. Take corrective action when the source is found. Open the
system only after the problem has been corrected and two consecutive daily special samples are TC negative.
Notify users according to appropriate State or NPDWR notification procedures including: posting, hand delivery, or media
(newspaper, radio or television), depending on the classification of the system and corresponding State direction. For nonpublic systems where State or EPA regulations have not established public notification procedures, notify users as soon as
possible but always within 72 hours by posting signs at the facility, visitor information site, etc. For systems serving residential
populations, make notification by letter, in addition to posting signs.
B. Public Systems. Notify, consult, and coordinate with the State within the time period required by law after notification of the
positive result. Take five routine samples the next month the system is open.
ACTION 3: CONFLUENT GROWTH. Take another routine sample at the same location within 24 hours of being notified of the
result. If the second sample has confluent growth, search for the cause and correct it. Continue sampling until a valid sample is
obtained. If the valid sample is TC positive, take follow-up actions as required by law and as outlined above.
Exhibit 2
Primary and Secondary Contaminants

PRIMARY CONTAMINANTS

SECONDARY CONTAMINANTS

Arsenic
Barium
Cadmium
Chromium
Fluoride
Lead
Mercury
Nitrate
Nitrite
Selenium
Sodium

Aluminum
Chloride
Color
Copper
Foaming Agents (Surfactants)
Iron
Manganese
Odor
pH
Silver
Sulfate
Total Dissolved Solids
Zinc
Whenever the maximum contaminant is exceeded, analyze a repeat sample for confirmation of the test results. Judge the
acceptability of the water quality using the MCLs established in the NPDWR and NSDWR. These MCLs shall apply to both
public and non-public systems.
For both public and non-public systems serving residential populations, correct any deficiency in water quality that would result
in noncompliance with federal, State, and local regulations for public water systems. Report any system with a contaminant in
excess of established MCLs to the Forest Service for review on a case-by-case basis.
For public systems, send sampling results to the State and follow the applicable public notification requirements if there is an
MCL violation. For non-public water systems, follow the public notification requirements applicable to public non-community
systems if contaminants exceed the MCL levels.


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File TitleAuthorization ID: #AUTH_ID#
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File Modified2006-09-27
File Created2006-09-27

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