FS-2700-5b Ski Area Term Special Use Permit

Auth ID: #AUTH_ID#
(03/06)
Contact ID: #HOLDER_ID#
0082
Expiration Date: #EXPIRATION_DATE#
Use Code: #USE_CODE#

FS-2700-5b
OMB No. 0596-

U.S. DEPARTMENT OF AGRICULTURE
Forest Service
SKI AREA TERM SPECIAL USE PERMIT
AUTHORITY:
#AUTHORITY_NAME#

#HOLDER_NAME#, #HOLDER_ADD_LINE_1#, #HOLDER_ADD_LINE_2#, #HOLDER_ADD_LINE_3#, #HOLDER_CITY#,
#HOLDER_STATE#, #HOLDER_ZIP# (hereafter called the holder) is hereby authorized to use National Forest System lands, on
National Forest, for the purposes of constructing, operating, and maintaining winter sports resort including food

the

ski area and subject to the
service, retail sales, and other ancillary facilities, described herein, known as the
provisions of this term permit. This permit within #TOWNSHIP_SECT_RANGE# #FIRST_DIVISION#
#FIRST_DIV_NAME_NUMBER#, #SECOND_DIVISION# #SECOND_DIV_NAME_NUMBER#, #THIRD_DIVISION#
#THIRD_DIV_NAME_NUMBER# covers #USE_ACRES# acres described here and as shown on the attached map dated
.
The following improvements, whether on or off the site, are authorized:
#PURPOSE#
Attached Clauses. This term permit is accepted subject to the conditions set forth herein on pages 2 through
exhibits

to

and to

attached or referenced hereto and made a part of this permit.

TERMS AND CONDITIONS
I. AUTHORITY AND USE AND TERM AUTHORIZED
A. Authority. This term permit is issued under the authority of the Act of October 22, 1986, (Title 16, United States Code, Section
497b), and Title 36, Code of Federal Regulations, Sections 251.50-251.64.
B. Authorized Officer. The authorized officer is the Forest Supervisor. The authorized officer may designate a representative for
administration of specific portions of this authorization.
C. Rules, Laws and Ordinances. The holder, in exercising the privileges granted by this term permit, shall comply with all present
and future regulations of the Secretary of Agriculture and federal laws; and all present and future, state, county, and municipal
laws, ordinances, or regulations which are applicable to the area or operations covered by this permit to the extent they are not in
conflict with federal law, policy or regulation. The Forest Service assumes no responsibility for enforcing laws, regulations,
ordinances and the like which are under the jurisdiction of other government bodies.
USER NOTE FOR "D" CLAUSE.
Selection Item 1. Use for new areas or areas without a Master Development Plan.

D. Term. This authorization is for a term of
years to provide for the holder to prepare a Master Development
Plan. Subject to acceptance of the Master Development Plan by the authorized officer, this authorization shall be extended for an
years, for a total of
years, to provide the holder sufficient time to construct facilities approved
additional
in the Master Development Plan within the schedule outlined in clause II.B. (Site Development Schedule), so that the area may be
used by the public. Further Provided; This authorization shall be extended by its terms for an additional

for a total of

years if it is in compliance with the site development schedule in the Master Development Plan and being in
operation by the 10-year anniversary date of the issuance of this authorization. Failure of the holder to comply with all or any
provisions of this clause shall cause the authorization to terminate under its terms.
Selection Item 2. Use for existing areas with a Master Development Plan.
D. Term. Unless sooner terminated or revoked by the authorized officer, in accordance with the provisions of the
authorization, this permit shall terminate on #EXPIRATION_DATE#, but a new special-use authorization to occupy and use the
same National Forest land may be granted provided the holder shall comply with the then-existing laws and regulations governing
the occupancy and use of National Forest lands. The holder shall notify the authorized officer in writing not less than six (6)
months prior to said date that such new authorization is desired.
E. Nonexclusive Use. This permit is not exclusive. The Forest Service reserves the right to use or permit others to use any part
of the permitted area for any purpose, provided such use does not materially interfere with the rights and privileges hereby
authorized.
F. Area Access. Except for any restrictions as the holder and the authorized officer may agree to be 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 or roads as may be constructed by
the holder, shall remain open to the public, except for roads as may be closed by joint agreement of the holder and the authorized
officer.
G. Master Development Plan. In consideration of the privileges authorized by this permit, the holder agrees to prepare and
submit changes in the Master Development Plan encompassing the entire winter sports resort presently envisioned for
development in connection with the National Forest lands authorized by this permit, and in a form acceptable to the Forest
Service. Additional construction beyond maintenance of existing improvements shall not be authorized until this plan has been
amended. Planning should encompass all the area authorized for use by this permit. The accepted Master Development Plan
shall become a part of this permit. For planning purposes, a capacity for the ski area in people-at-one time shall be established in
the Master Development Plan and appropriate National Environmental Policy Act (NEPA) document. The overall development
shall not exceed that capacity without further environmental analysis documentation through the appropriate NEPA process.
H. Periodic Revision.
1. The terms and conditions of this authorization shall be subject to revision to reflect changing times and conditions so that
land use allocation decisions made as a result of revision to Forest Land and Resource Management Plan may be
incorporated.
2. At the sole discretion of the authorized officer this term permit may be amended to remove authorization to use any
National Forest System lands not specifically covered in the Master Development Plan and/or needed for use and occupancy
under this authorization.
II. IMPROVEMENTS
A. Permission. Nothing in this permit shall be construed to imply permission to build or maintain any improvement not specifically
named in the Master Development Plan and approved in the annual operating plan, or further authorized in writing by the
authorized officer.
B. Site Development Schedule. As part of this permit, a schedule for the progressive development of the permitted area and
installation of facilities shall be prepared jointly by the holder and the Forest Service. Such a schedule shall be prepared by

, and shall set forth an itemized priority list of planned improvements and the due date for completion. This schedule
shall be made a part of this permit. The holder may accelerate the scheduled date for installation of any improvement authorized,
provided the other scheduled priorities are met; and provided further, that all priority installations authorized are completed to the
satisfaction of the Forest Service and ready for public use prior to the scheduled due date.
1. All required plans and specifications for site improvements, and structures included in the development schedule shall be
properly certified and submitted to the Forest Service at least forty-five (45) days before the construction date stipulated in the
development schedule.
2. In the event there is agreement with the Forest Service to expand the facilities and services provided on the areas covered
by this permit, the holder shall jointly prepare with the Forest Service a development schedule for the added facilities prior to
any construction and meet requirements of paragraph II.D of this section. Such schedule shall be made a part of this permit.
C. Plans. All plans for development, layout, construction, reconstruction or alteration of improvements on the site, as well as
revisions of such plans, must be prepared by a licensed engineer, architect, and/or landscape architect (in those states in which
such licensing is required) or other qualified individual acceptable to the authorized officer. Such plans must be accepted by the
authorized officer before the commencement of any work. A holder may be required to furnish as-built plans, maps, or surveys
upon the completion of construction.
D. Amendment. This authorization may be amended to cover new, changed, or additional use(s) or area not previously
considered in the approved Master Development plan. In approving or denying changes or modifications, the authorized officer
shall consider among other things, the findings or recommendations of other involved agencies and whether their terms and
conditions of the existing authorization may be continued or revised, or a new authorization issued.
E. Ski Lift Plans and Specifications. All plans for uphill equipment and systems shall be properly certified as being in accordance
with the American National Standard Safety Requirements for Aerial Passenger Tramways (B77.1). A complete set of drawings,
specifications, and records for each lift shall be maintained by the holder and made available to the Forest Service upon request.
These documents shall be retained by the holder for a period of three (3) years after the removal of the system from National
Forest land.
III. OPERATIONS AND MAINTENANCE
A. Conditions of Operations. The holder shall maintain the improvements and premises to standards of repair, orderliness,
neatness, sanitation, and safety acceptable to the authorized officer. Standards are subject to periodic change by the authorized
officer. This use shall normally be exercised at least
this minimum use may result in termination pursuant to VIII.B.

days each year or season. Failure of the holder to exercise

B. Ski Lift, Holder Inspection. The holder shall have all passenger tramways inspected by a qualified engineer or tramway
specialist. Inspections shall be made in accordance with the American National Standard Safety Requirements for Aerial
Passenger Tramways (B77.1). A certificate of inspection, signed by an officer of the holder's company, attesting to the adequacy
and safety of the installations and equipment for public use shall be received by the Forest Service prior to public operation stating
as a minimum:
"Pursuant to our special use permit, we have had an inspection to determine our compliance with the American National Standard
B77.1. We have received the results of that inspection and have made corrections of all deficiencies noted. The facilities are
ready for public use."
C. Operating Plan. The holder or designated representative shall prepare and annually revise by
an Operating
Plan. The Plan shall be prepared in consultation with the authorized officer or designated representative and cover winter and
summer operations as appropriate. The provisions of the Operating Plan and the annual revisions shall become a part of this
permit and shall be submitted by the holder and approved by the authorized officer or their designated representatives. This plan
shall consist of at least the following sections:
1.
2.
3.
4.

Ski patrol and first aid.
Communications.
Signs.
General safety and sanitation.

5. Erosion control.
6. Accident reporting.
7. Avalanche control.
8. Search and rescue.
9. Boundary management.
10. Vegetation management.
11. Designation of representatives.
12. Trail routes for nordic skiing.
The authorized officer may require a joint annual business meeting agenda to:
a. Update Gross Fixed Assets and lift-line proration when the fee is calculated by the Graduated Rate Fee System.
b. Determine need for performance bond for construction projects, and amount of bond.
c. Provide annual use reports.
D. Cutting of Trees. Trees or shrubbery on the permitted area may be removed or destroyed only after the authorized officer has
approved and marked, or otherwise designated, that which may be removed or destroyed. Timber cut or destroyed shall be paid
for by the holder at appraised value, provided that the Forest Service reserves the right to dispose of the merchantable timber to
others than the holder at no stumpage cost to the holder.
E. Signs. Signs or advertising devices erected on National Forest lands shall have prior approval by the Forest Service as to
location, design, size, color, and message. Erected signs shall be maintained or renewed as necessary to neat and presentable
standards, as determined by the Forest Service.

IV. NONDISCRIMINATION. During the performance of this permit, the holder agrees:
A. 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. The Forest Service shall furnish signs setting forth this policy of nondiscrimination. These signs 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.
B. 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 and without regard to any non-merit factor.
V. LIABILITIES
A. Third Party Rights. This permit is subject to all valid existing rights and claims outstanding in third parties. The United States
is not liable to the holder for the exercise of any such right or claim.
B. Indemnification of the United States. The holder shall hold harmless the United States from any liability from damage to life or
property arising from the holder's occupancy or use of National Forest lands under this permit.
C. Damage to United States Property. The holder shall exercise diligence in protecting from damage the land and property of the
United States covered by and used in connection with this permit. The holder shall pay the United States the full cost of any

damage resulting from negligence or activities occurring under the terms of this permit or under any law or regulation applicable to
the national forests, whether caused by the holder, or by any agents or employees of the holder.
D. Risks. The holder assumes all risk of loss to the improvements resulting from natural or catastrophic events, including but not
limited to, avalanches, rising waters, high winds, falling limbs or trees, and other hazardous events. If the improvements
authorized by this permit are destroyed or substantially damaged by natural or catastrophic events, 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. The analysis shall be provided to the holder within six (6) months of the event.
E. Hazards. The holder has the responsibility of inspecting the area authorized for use under this permit for evidence of
hazardous conditions which could affect the improvements or pose a risk of injury to individuals.
F. Insurance. The holder shall have in force public liability insurance covering: (1) property damage in the amount of
dollars (

), and (2) damage to persons in the minimum amount of

dollars (

)

dollars (
) in the event of
in the event of death or injury to one individual, and the minimum amount of
death or injury to more than one individual. These minimum amounts and terms are subject to change at the sole discretion of the
authorized officer at the five-year anniversary date of this authorization. The coverage shall extend to property damage, bodily
injury, or death arising out of the holder's activities under the permit including, but not limited to, occupancy or use of the land and
the construction, maintenance, and operation of the structures, facilities, or equipment authorized by this permit. Such insurance
shall also name the United States as an additionally insured. The holder shall send an authenticated copy of its insurance policy
to the Forest Service immediately upon issuance of the policy. The policy shall also contain a specific provision or rider to the
effect that the policy shall not be cancelled or its provisions changed or deleted before thirty (30) days written notice to the Forest
, by the insurance company.

Supervisor,

Rider Clause (for insurance companies)
"It is understood and agreed that the coverage provided under this policy shall not be cancelled or its provisions changed or
deleted before thirty (30) days of receipt of written notice to the Forest Supervisor,

, by the insurance company."

VI. FEES
Ski Area Permit Fees. The Forest Service shall adjust and calculate permit fees authorized by this permit to reflect any revisions
to permit fee provisions in 16 U.S.C. 497c or to comply with any new permit fee system based on fair market value that may be
adopted by statute or otherwise after issuance of this permit.
A. Fee Calculation. The annual fee due the United States for the activities authorized by this permit shall be calculated using the
following formula:

SAPF

=
(.015 x AGR in bracket 1) + (.025 x AGR in bracket 2) +
(.0275 x AGR in bracket 3) + (.04 x AGR in bracket 4)

Where:
AGR

=

[(LT + SS) x (proration %)] + GRAF

AGR

is

adjusted gross revenue;

LT

is

revenue from sales of alpine and nordic lift tickets and passes;

GRAF

is

gross year-round revenue from ancillary facilities;

Proration %
System lands;

is

the factor to apportion revenue attributable to use of National Forest

SAPF

is

the ski area permit fee for use of National Forest System lands; and

SS

is

revenue from alpine and nordic ski school operations.

1. SAPF shall be calculated by summing the results of multiplying the indicated percentage rates by the amount of the
holder's adjusted gross revenue (AGR), which falls into each of the four brackets. Follow direction in paragraph 2 to
determine AGR. The permit fee shall be calculated based on the holder's fiscal year, unless mutually agreed otherwise by the
holder and the authorized officer.
The four revenue brackets shall be adjusted annually by the consumer price index issued in FSH 2709.11, chapter 30. The
revenue brackets shall be indexed for the previous calendar year. The holder's AGR for any fiscal year shall not be split into
more than one set of indexed brackets. Only the levels of AGR defined in each bracket are updated annually. The
percentage rates do not change.
The revenue brackets and percentages displayed in Exhibit 01 shall be used as shown in the preceding formula to calculate
the permit fee.
Adjusted Gross Revenue (AGR) Brackets and Associated Percentage Rates
for Use in Determining Ski Area Permit Fee (SAPF)
Revenue Brackets (updated annually by CPI*)
and Percentage Rates
Holder FY

Bracket 1
(1.5%)

Bracket 2
(2.5%)

FY 1996
CPI:
N/A

All revenue
below
$3,000,000

$ 3,000,000
to
<$15,000,000

$15,000,000
All revenue
to
over
$50,000,000
$50,000,000

FY 1997
CPI:
1.030

All revenue
below
$3,090,000

$ 3,090,000
to
<$15,450,000

$15,450,000
All revenue
to
over
$51,500,000
$51,500,000

FY 1998
CPI:
1.022

All revenue
below
$3,158,000

$ 3,158,000
to
<$15,790,000

$15,790,000
All revenue
to
over
$52,633,000
$52,633,000

FY 1999
CPI:
1.017

All revenue
below
$3,212,000

$ 3,212,000
to
<$16,058,000

$16,058,000
All revenue
to
over
$53,528,000
$53,528,000

FY 2000
and beyond

Bracket 3
(2.75%)

Bracket 4
(4%)

BRACKETS WILL BE UPDATED ANNUALLY BY CPI*

*The authorized officer shall notify the holder of the updated revenue brackets based on the Consumer Price Index (CPI) which is
revised and issued annually in FSH 2709.11, chapter 30.

2. AGR shall be calculated by summing the revenue from lift tickets and ski school operations prorated for use of National
Forest System lands and from ancillary facility operations conducted on National Forest System lands.
Revenue inclusions shall be income from sales of alpine and nordic tickets and ski area passes; alpine and nordic ski school
operations; gross revenue from ancillary facilities; the value of bartered goods and complimentary lift tickets (such as lift
tickets provided free of charge to the holder's friends or relatives); and special event revenue. Discriminatory pricing, a rate
based solely on race, color, religion, sex, national origin, age, disability, or place of residence, is not allowed, but if it occurs,
include the amount that would have been received had the discriminatory pricing transaction been made at the market price,
the price generally available to an informed public, excluding special promotions.

Revenue exclusions shall be income from sales of operating equipment; refunds; rent paid to the holder by subholders;
sponsor contributions to special events; any amount attributable to employee gratuities or employee lift tickets; discounts; ski
area tickets or passes provided for a public safety or public service purpose (such as for National Ski Patrol or for volunteers
to assist on the slope in the Special Olympics); and other goods or services (except for bartered goods and complimentary lift
tickets) for which the holder does not receive money.
Include the following in AGR:
a. Revenue from sales of year-round alpine and nordic ski area passes and tickets and revenue from alpine and nordic
ski school operations prorated according to the percentage of use between National Forest System lands and private land
in the ski area;
b. Gross year-round revenue from temporary and permanent ancillary facilities located on National Forest System lands;
c. The value of bartered goods and complimentary lift tickets, which are goods, services, or privileges that are not
available to the general public (except for employee gratuities, employee lift tickets, and discounts, and except for ski area
tickets and passes provided for a public safety or public service purpose) and that are donated or provided without charge
in exchange for something of value to organizations or individuals (for example, ski area product discounts, service
discounts, or lift tickets that are provided free of charge in exchange for advertising).
Bartered goods and complimentary lift tickets (except for employee gratuities, employee lift tickets, discounts, and except
for ski area tickets and passes provided for a public safety or public service purpose) valued at market price shall be
included in the AGR formula as revenue under LT, SS, or GRAF, depending on the type of goods, services, or privileges
donated or bartered; and
d. Special event revenue from events, such as food festivals, foot races, and concerts. Special event revenue shall be
included in the AGR formula as revenue under LT, SS, or GRAF, as applicable. Prorate revenue according to the
percentage of use between National Forest System lands and private land as described in the following paragraphs 5 and
6.
3. LT is the revenue from sales of alpine and nordic lift tickets and passes purchased for the purpose of using a ski area
during any time of the year, including revenue that is generated on private land (such as from tickets sold on private land).
4. SS is the revenue from lessons provided to teach alpine or nordic skiing or other winter sports activities, such as racing,
snowboarding, or snowshoeing, including revenue that is generated on private land (such as from tickets sold on private land).
5. Proration % is the method used to prorate revenue from the sale of ski area passes and lift tickets and revenue from ski
school operations between National Forest System lands and private land in the ski area. Separately prorate alpine and
nordic revenue with an appropriate proration factor. Add prorated revenues together; then sum them with GRAF to arrive at
AGR. Use one or both of the following methods, as appropriate:
a. STFP shall be the method used to prorate alpine revenue. The STFP direction contained in FSM 2715.11c effective in
1992 shall be used. Include in the calculation only uphill devices (lifts, tows, and tramways) that are fundamental to the
winter sports operation (usually those located on both Federal and private land). Do not include people movers whose
primary purpose is to shuttle people between parking areas or between parking areas and lodges and offices.
b. Nordic trail length is the method used to prorate nordic revenue. Use the percentage of trail length on National Forest
System lands to total trail length.
6. GRAF is the revenue from ancillary facilities, including all of the holder's or subholder's lodging, food service, rental shops,
parking, and other ancillary operations located on National Forest System lands. Do not include revenue that is generated on
private land. For facilities that are partially located on National Forest System lands, calculate the ratio of the facility square
footage located on National Forest System lands to the total facility square footage. Special event revenue allocatable to
GRAF shall be prorated by the ratio of use on National Forest System lands to the total use.
7. In cases when the holder has no AGR for a given fiscal year, the holder shall pay a permit fee of $2 per acre for National
Forest System lands under permit or a percentage of the appraised value of National Forest System lands under permit, at
the discretion of the authorized officer.

B. Fee Payments. Reports and deposits shall be tendered in accordance with the following schedule. They shall be sent or
delivered to the collection officer, USDA, Forest Service, at the address furnished by the authorized officer. Checks or money
orders shall be made payable to: USDA, Forest Service.
1. The holder shall calculate and submit an advance payment which is due by the beginning of the holder's payment cycle.
The advance payment shall equal 20 percent of the holder's average permit fee for 3 operating years, when available. When
past permit fee information is not available, the advance payment shall equal 20 percent of the permit fee, based on the prior
holder's average fee or projected AGR. For ski areas not expected to generate AGR for a given payment cycle, advance
payment of the permit fee as calculated in item A, paragraph 7 ($2 per acre for National Forest System lands under permit or
a percentage of the appraised value of National Forest System lands under permit, at the discretion of the authorized officer)
shall be made. The advance payment shall be credited (item B, paragraph 3) toward the total ski area permit fee for the
payment cycle.
2. The holder shall report sales, calculate fees due based on a tentative percentage rate, and make interim payments each
except for periods in which no sales take place and the holder has notified the authorized officer that
calendar
the operation has entered a seasonal shutdown for a specific period. Reports and payments shall be made by the end of the
month following the end of each reportable period. Interim payments shall be credited (item B, paragraph 3) toward the total
ski area permit fee for the payment cycle.
3. Within 90 days after the close of the ski area's payment cycle, the holder shall provide a financial statement, including a
completed permit fee information form, Form FS-2700-19a, representing the ski area's financial condition at the close of its
business year and an annual operating statement reporting the results of operations, including a final payment which includes
year-end adjustments for the holder and each subholder for the same period. Any balance that exists may be credited and
applied against the next payment due or refunded, at the discretion of the permit holder.
4. Within 30 days of receipt of a statement from the Forest Service, the holder shall make any additional payment required to
ensure that the correct ski area permit fee is paid for the past year's operation.
5. All permit fee calculations and records of sales are subject to review or periodic audit as determined by the authorized
officer. Errors in calculation or payment shall be corrected as needed for conformance with those reviews or audits. In
accordance with the Fee Payment Issue clause contained in this authorization, interest and penalties shall be assessed on
additional fees due as a result of reviews or audits.
C. Correcting Errors. Correction of errors includes any action necessary to calculate the holder's sales or slope transport fee
percentage or to make any other determination required to calculate permit fees accurately. For fee calculation purposes, an error
may include:
a. Misreporting or misrepresentation of amounts;
b. Arithmetic mistakes;
c. Typographic mistakes; or
d. Variation from generally accepted accounting principles (GAAP), when such variations are inconsistent with the terms of
this permit.
Correction of errors shall be made retroactively to the date the error was made or to the previous audit period, whichever is more
recent, and past fees shall be adjusted accordingly.
D. Fee Payment Issues.
1. Crediting of Payments. Payments shall be credited on the date received by the deposit facility, except that if a
payment is received on a non-workday, the payment shall not be credited until the next workday.
2. Disputed Fees. Fees are due and payable by the due date. Disputed fees must be paid in full.
be made if dictated by settlement terms or an appeal decision.

Adjustments will

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, referal 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.
E. Access to Records. For the purpose of administering this permit (including ascertaining that fees paid were correct and
evaluating the propriety of the fee base), the holder agrees to make all of the accounting books and supporting records to the
business activities, as well as those of sublessees operating within the authority of this permit, available for analysis by qualified
representatives of the Forest Service or other Federal agencies authorized to review the Forest Service activities. Review of
accounting books and supporting records shall be made at dates convenient to the holder and reviewers. Financial information so
obtained shall be treated as confidential as provided in regulations issued by the Secretary of Agriculture.
The holder shall retain the above records and keep them available for review for 5 years after the end of the year involved, unless
disposition is otherwise approved by the authorized officer in writing.
G. Accounting Records. The holder shall follow Generally Accepted Accounting Principles or Other Comprehensive Bases of
Accounting acceptable to the Forest Service in recording financial transactions and in reporting results to the authorized officer.
When requested by the authorized officer, the holder at its own expense, shall have the annual accounting reports audited or
prepared by a licensed independent accountant acceptable to the Forest Service. The holder shall require sublessees to comply
with these same requirements. The minimum acceptable accounting system shall include:
1. Systematic internal controls and recording by kind of business the gross receipts derived from all sources of business
conducted under this permit. Receipts should be recorded daily and, if possible, deposited into a bank account without
reduction by disbursements. Receipt entries shall be supported by source documents such as cash-register tapes, sale
invoices, rental records, and cash accounts from other sources.
2. A permanent record of investments in facilities (depreciation schedule), and current source documents for acquisition costs
of capital items.
3. Preparation and maintenance of such special records and accounts as may be specified by the authorized officer.
VII. TRANSFER AND SALE
A. Subleasing. The holder may sublease the use of land and improvements covered under this permit and the operation of
concessions and facilities authorized upon prior written notice to the authorized officer. The Forest Service reserves the right to
disapprove subleasees. In any circumstance, only those facilities and activities authorized by this permit may be subleased. The
holder shall continue to be responsible for compliance with all conditions of this permit by persons to whom such premises may be
sublet. The holder may not sublease direct management responsibility without prior written approval by the authorized officer.

B. Notification of Sale. The holder shall immediately notify the authorized officer when a sale and transfer of ownership of the
permitted improvements is planned.
C. Divestiture of Ownership. Upon change in ownership of the facilities authorized by this permit, the rights granted under this
authorization may be transferred to the new owner upon application to and approval by the authorized officer. The new owner
must qualify and agree to comply with, and be bound by the terms and conditions of the authorization. In granting approval, the
authorized officer may modify the terms, conditions, and special stipulations to reflect any new requirements imposed by current
Federal and state land use plans, laws, regulations or other management decisions.
VIII. REVOCATION AND SUSPENSION
A. Revocation and Suspension. The Forest Service may suspend or revoke this permit in whole or 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 VIII.A, the authorized officer shall give
the holder written notice of the grounds for each action and a reasonable time, not to exceed 90 days, to complete the corrective
action prescribed by the authorized officer.
C. Revocation for Reasons in the Public Interest. If, during the term of this permit or any extension thereof, the Secretary of
Agriculture or any official of the Forest Service with delegated authority determines in planning for the uses of the National
Forest System that the public interest requires revocation of this permit, this permit shall be revoked after one hundred-eighty
(180) day's written notice to the holder. The United States shall then have the right to purchase the holder's improvements, to
remove them, or to require the holder to remove them, and the United States shall be obligated to pay an equitable
consideration for the improvements or for removal of the improvements and damages resulting from their removal. If the
amount of consideration is fixed by mutual agreement between the United States and the holder, that amount shall be
accepted by the holder in full satisfaction of all claims against the United States under this clause. If mutual agreement is not
reached, the Forest Service shall determine the amount of consideration. If the holder is dissatisfied with the amount
determined by the Forest Service, the holder may appeal the determination under the agency’s administrative appeal
regulations.
D. Suspension. The authorized officer may immediately suspend this permit, in whole or in part, when necessary to protect public
health, 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.
IX. RENEWAL
A. Renewal. The authorized use may be renewed. Renewal requires the following conditions: (1) the land use allocation is
compatible with the Forest Land and Resource Management Plan; (2) the site is being used for the purposes previously
authorized and; (3) the enterprise is being continually operated and maintained in accordance with all the provisions of the permit.
In making a renewal, the authorized officer may modify the terms, conditions, and special stipulations.
X. RIGHTS AND RESPONSIBILITIES UPON TERMINATION OR NONRENEWAL
A. Removal of Improvements. Except as provided in Clause VIII. A, upon termination or revocation of this special use permit by
the Forest Service, the holder shall remove within a reasonable time as established by the authorized officer, the structures and
improvements, and shall restore the site to a condition satisfactory to the authorized officer, unless otherwise waived in writing or
in the authorization. If the holder fails to remove the structures or improvements within a reasonable period, as determined by the
authorized officer, they shall become the property of the United States without compensation to the holder, but that shall not
relieve the holder's liability for the removal and site restoration costs.
XI. MISCELLANEOUS PROVISIONS

A. Members of Congress. No Member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or
part of this agreement or to any benefit that may arise herefrom unless it is made with a corporation for its general benefit.
B. Inspection, Forest Service. The Forest Service shall monitor the holder's operations and reserves the right to inspect the
permitted facilities and improvements at any time for compliance with the terms of this permit. Inspections by the Forest Service
do not relieve the holder of responsibilities under other terms of this permit.
C. Regulating Services and Rates. The Forest Service shall have the authority to check and regulate the adequacy and type of
services provided the public and to require that such services conform to satisfactory standards. The holder may be required to
furnish a schedule of prices for sales and services authorized by the 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 than those charged by
comparable or competing enterprises.
D. Advertising. The holder, in advertisements, signs, circulars, brochures, letterheads, and like materials, as well as orally, shall
not misrepresent in any way either the accommodations provided, the status of the permit, or the area covered by it or the vicinity.
The fact that the permitted area is located on the National Forest shall be made readily apparent in all of the holder's brochures
and print advertising regarding use and management of the area and facilities under permit.
F. Water Use Facilities.
1. Water Use Facilities. The National Forest System (“NFS”) land which is the subject of this permit is hereinafter referred to
as the “permitted NFS land.” The authorization of facilities to divert, store, or convey water on the permitted National
Forest System (NFS) land (“water facilities”) in conjunction with water rights acquired by the holder is for the purpose of
operating a winter or year-round resort and related facilities under this permit. If use of the water or the water facilities
ceases, the authorization to use the permitted NFS land for such water facilities will also cease. The United States
reserves the right to place conditions on the installation, operation, maintenance and removal of these water facilities
necessary to protect public property, public safety, and natural resources on the permitted NFS land in compliance with
applicable laws, provided, however, such conditions shall not permit the imposition of bypass flows on water transported
to the permitted NFS land from points of diversion or storage that arise off of the permitted NFS land.
2. Water Rights. This permit does not confer any water rights on the holder. Water rights must be acquired
by the holder under state law.
3. Future Applications and Revocation. After June 2004, any right to divert water from the permitted NFS land where the use
of such water is on the same permitted NFS land shall be applied for and held in the name of the United States and the
holder (hereinafter called the “joint water rights”). This provision shall not apply to water rights that are acquired by the
permit holder from a source off of the permitted NFS land and transferred to a point of diversion or storage on the
permitted NFS land. During the term of the permit and any reissuance thereafter, the permit holder shall be responsible
for maintaining such joint water rights, and shall have the right to make any applications or other filings as may be
necessary to maintain and protect such joint water rights. In the event of revocation of this permit, the United States shall
succeed to the sole ownership of such joint water rights. All joint water rights subject to this clause are listed below (if
none, write NONE).
State ID #

Owner

Type or Basis
(decree, license, certificate)

Purpose of Use

E. Bonding. The authorized officer may require the holder to furnish a bond or other security to secure all or any of the
obligations imposed by the terms of the authorization or any applicable law, regulation, or order.
Bonds, Performance. Use the following text, when bonding is called for: As a further guarantee of the faithful performance of the
of this permit, the holder agrees to deliver and maintain a surety bond or other
provisions of terms and conditions
acceptable security in the amount of #PERF_BOND_AMOUNT# . Should the sureties or the bonds delivered under this permit
become unsatisfactory to the Forest Service, the holder shall, within thirty (30) days of demand, furnish a new bond with surety,
solvent and satisfactory to the Forest Service. In lieu of a surety bond, the holder may deposit into a Federal depository, as
directed by the Forest Service, and maintain therein, cash in the amounts provided for above, or negotiable securities of the
United States having a market value at the time of deposit of not less than the dollar amounts provided above.

The holder's surety bond shall be released, or deposits in lieu of a bond, shall be returned thirty (30) days after certification by the
Forest Service that priority installations under the development plan are complete, and upon furnishing by the holder of proof
satisfactory to the Forest Service that all claims for labor and material on said installations have been paid or released and
satisfied. The holder agrees that all moneys deposited under this permit may, upon failure on his or her part to fulfill all and
singular the requirements herein set forth or made a part hereof, be retained by the United States to be applied to satisfy
obligations assumed hereunder, without prejudice whatever to any rights and remedies of the United States.
Prior to undertaking additional construction or alteration work not provided for in the above terms and conditions or when the
improvements are to be removed and the area restored, the holder shall deliver and maintain a surety bond in an amount set by
the Forest Service, which amount shall not be in excess of the estimated loss which the Government would suffer upon default in
performance of this work.
G. Current Addresses. The holder and the Forest Service shall keep each informed of current mailing addresses including those
necessary for billing and payment of fees.
H. Identification of Holder. Identification of the holder shall remain sufficient so that the Forest Service shall know the true identity
of the entity.
Corporation Status Notification:
1. The holder shall notify the authorized officer within fifteen (15) days of the following changes:
a. Names of officers appointed or terminated.
b. Names of stockholders who acquire stock shares causing their ownership to exceed 50 percent of shares issued or
otherwise acquired, resulting in gaining controlling interest in the corporation.
2. The holder shall furnish the authorized officer:
a. A copy of the articles of incorporation and bylaws.
b. An authenticated copy of a resolution of the board of directors specifically authorizing a certain individual or individuals
to represent the holder in dealing with the Forest Service.
c. A list of officers and directors of the corporation and their addresses.
d. Upon request, a certified list of stockholders and amount of stock owned by each.
e. The authorized officer may require the holder to furnish additional information as set forth in 36 CFR 251.54(e)(1)(iv).
Partnership Status Notification:
The holder shall notify the authorized officer within fifteen (15) days of the following changes. Names of the individuals involved
shall be included with the notification.
1. Partnership makeup changes due to death, withdrawal, or addition of a partner.
2. Party or parties assigned financed interest in the partnership by existing partner(s).
3. Termination, reformation, or revision of the partnership agreement.
4. The acquisition of partnership interest, either through purchase of an interest from an existing partner or partners, or
contribution of assets, that exceeds 50 percent of the partnership permanent investment.
I. Archaeological-Paleontological Discoveries. The holder shall immediately notify the authorized officer of any and all antiquities
or other objects of historic or scientific interest. These include, but are not limited to, historic or prehistoric ruins, fossils, or
artifacts discovered as the result of operations under this permit, and 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 permit holder.
J. 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) of l973, as amended,
or listed as sensitive by the Regional Forester under authority of FSM 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 responsibility of the permit holder.
If protection 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.
K. Superior Clauses. In the event of any conflict between any of the preceding printed clauses or any provision thereof, and any
of the following clauses or any provision thereof, the preceding clauses shall control.
L. Superseded Permit. This permit replaces a special use permit issued to: #PREV_REISSUE_HOLDER#, #PREV_AUTH_ID#,
on #PREV_REIS_ISSUE_DATE#.
.
M. Disputes. Appeal of any provisions of this authorization or any requirements thereof shall be subject to the appeal regulations
at 36 CFR 251, Subpart C, or revisions thereto. The procedures for these appeals are set forth in 36 CFR 251 published in the
Federal Register at 54 FR 3362, January 23, 1989.
#INSERT TERM HERE#

THIS PERMIT IS ACCEPTED SUBJECT TO ALL OF ITS TERMS AND CONDITIONS:

ACCEPTED:

HOLDER NAME AND SIGNATURE

DATE

APPROVED:

AUTHORIZED OFFICER SIGNATURE

NAME AND TITLE

DATE

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 0596-0082. 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 20250-9410 or call (800) 9753272 (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.