FS-2700-32 Permit for Archaeological Investigations

Authorization ID: ______ FS-2700-32 (Rev 05/09)

Contact ID: ______ OMB No. 0596-0082

Expiration Date: ________

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

PERMIT FOR ARCHAEOLOGICAL INVESTIGATIONS

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<USER NOTES FOR AUTHORITY>

<Select all authorities that apply. Delete any that do not apply.>

Authority:

The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa-mm

The Antiquities Act of 1906, 16 U.S.C. 431-433

The Organic Act of 1897, 16 U.S.C. 551

1. Holder			2. Date of corresponding application
3. Address			4. Telephone numbers
			5. Email addresses
6. Name of authorized officer Telephone numbers Email addresses	7. Name of principal investigators Telephone numbers Email addresses
8. Name of field directors authorized to carry out field projects		Telephone numbers Email addresses
<USER NOTES FOR BLOCK 9> <Select the activities that apply. Delete any that do not apply.> 9. Activities authorized Consulting: Project-specific Consulting: Blanket (non-ground-disturbing survey only) Academic Research (consulting activities not authorized) Non-ground-disturbing activities (such as surveys) Non-ground-disturbing activities that include limited testing (e.g., shovel tests or scrapes) Ground-disturbing activities (e.g., excavation or collection) involving archaeological resources more than 100 years old. Ground-disturbing activities (e.g., excavation or collection) involving archaeological resources 100 years old or less.

10. Description of National Forest System lands authorized for use (hereinafter referred to as “the permit area”)

11. Permit term

From To

12. Name and address of the curatorial facility in which collections, records, data, photographs, and other documents resulting from activities conducted under this permit shall be deposited for permanent preservation on behalf of the United States Government

TERMS AND CONDITIONS

I. GENERAL TERMS

<USER NOTES FOR CLAUSE I.A>

<Insert the applicable statutory authorities from page 1 of the permit.>

A. AUTHORITY. This permit is issued pursuant to ____ , 36 CFR Part 251, Subpart B, 36 CFR Part 296, the Uniform Rules and Regulations of the Antiquities Act of 1906, 43 CFR Part 3, and applicable Forest Service policies and procedures and is subject to their provisions.

B. AUTHORIZED OFFICER. The authorized officer for this permit is the Forest Supervisor or a subordinate officer with delegated authority.

C. ANNUAL REVIEW. If this permit is issued for more than one year, it shall be reviewed annually by the authorized officer.

D. RENEWAL AND EXTENSION. This permit is not renewable. The holder may request an extension of this permit for a limited, specified period to complete activities authorized under this permit. Requests for an extension must be submitted in writing at least one month before expiration of this permit.

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, the applicable land management plan, or projects and activities implementing a land management plan pursuant to 36 CFR Part 215. Any amendments to individuals named in or activities authorized by this permit that are needed by the holder must be approved by the authorized officer in writing.

F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In exercising the 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, regulations, 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 are not exclusive. The Forest Service reserves the 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 holder shall allow the authorized officer or the authorized officer’s representative full access to the permit area at any time the holder is in the field for purposes of examining the permit area and any recovered materials and related records. 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.

H. ASSIGNABILITY. This permit is not assignable or transferable.

II. OPERATIONS

A. OPERATING PLAN. The application corresponding to this permit is incorporated as the operating plan for this permit and is attached as Appendix A. The authorized officer may supplement the information contained in the application as appropriate or necessary.

B. REQUIRED PERMITS. The holder shall obtain all other permits required for conducting the activities authorized by this permit.

C. QUALIFIED INDIVIDUALS. Archaeological project design, literature review, development of regional historical contexts, site evaluation, conservation and protection measures, and recommendations for subsequent investigations shall be developed with direct involvement of an individual who meets the Secretary of the Interior's Standards for Archaeology and Historic Preservation. Fieldwork shall be overseen by an individual who meets the Secretary of the Interior's Standards for Archaeology and Historic Preservation.

D. CONDITION OF OPERATIONS. The holder shall maintain the authorized improvements and permit area to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and consistent with other provisions of this permit. Standards are subject to periodic change by the authorized officer.

E. PROHIBITION ON USE OF MECHANIZED EQUIPMENT IN WILDERNESS AREAS. The holder shall not use mechanized equipment in wilderness areas and shall not use mechanized equipment in proposed or potential wilderness areas without prior written approval from the authorized officer.

F. PROHIBITION ON FLINT KNAPPING AND LITHIC REPLICATION EXPERIMENTS. The holder shall not conduct any flint knapping or lithic replication experiments at any archaeological site, aboriginal quarry source, or non-archaeological site that might be mistaken for an archaeological site as a result of such experiments.

G. PROHIBITION ON IMPEDING OR INTERFERING WITH OTHER USES. The holder shall perform the activities authorized by this permit so as not to impede or interfere with administrative or other authorized uses of National Forest System lands.

H. RESTRICTION ON MOTOR VEHICLE USE. The holder shall restrict motor vehicle use to designated roads, trails, and areas, unless specifically provided otherwise in the operating plan.

I. MINIMIZING GROUND DISTURBANCE. The holder shall keep ground disturbance to a minimum consistent with the nature and purpose of the authorized fieldwork.

J. RESOURCE PROTECTION. The holder shall conduct all activities so as to prevent or minimize scarring, erosion, littering, and pollution of National Forest System lands, water pollution, and damage to watersheds. In addition, the holder shall take precautions at all times to prevent wildfire. The holder may not burn debris without prior written approval from the authorized officer.

K. PREVENTION OF INJURY. The holder shall take precautions to protect livestock, wildlife, the public, and other users of National Forest System lands from accidental injury at any excavation site.

L. DESTRUCTION AND REMOVAL OF TREES. The holder shall not destroy or remove any trees on National Forest System lands without prior written approval from the authorized officer.

M. RESOURCE MANAGEMENT FACILITIES. The holder shall not disturb resource management facilities, such as fences, reservoirs, and other improvements, within the permit area without prior written approval from the authorized officer. Where disturbance of a resource management facility is necessary, the holder shall return it to its prior location and condition.

N. BACKFILLING. The holder shall backfill all subsurface test and excavation sites as soon as possible after recording the results and shall restore subsurface test and excavation sites as closely as possible to their original contour.

O. REMOVAL OF STAKES AND FLAGGING. The holder shall remove temporary stakes and flagging installed by the holder upon completion of fieldwork.

P. SITE RESTORATION. The holder shall restore all camp and work areas to their original condition before vacating the permit area. Refuse shall be carried out and deposited in disposal areas approved by the authorized officer.

Q. TITLE TO ARTIFACTS AND ASSOCIATED DOCUMENTATION. Archaeological and historical artifacts excavated or removed from National Forest System lands and any associated documentation shall remain the property of the United States.

R. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION (NAGPRA). In accordance with 25 U.S.C. 3002 (d) and 43 CFR 10.4, if the holder inadvertently discovers human remains, funerary objects, sacred objects, or objects of cultural patrimony on National Forest System lands, the holder shall immediately cease work in the area of the discovery and shall make a reasonable effort to protect and secure the items. The holder shall immediately notify the authorized officer by telephone of the discovery and shall follow up with written confirmation of the discovery. The activity that resulted in the inadvertent discovery may not resume until 30 days after the authorized officer certifies receipt of the written confirmation, if resumption of the activity is otherwise lawful, or at any time if a binding written agreement has been executed between the Forest Service and the affiliated Indian tribes that adopts a recovery plan for the human remains and objects.

S. ADDITIONAL REQUIREMENTS. Prior to beginning any fieldwork under the authority of this permit, the holder shall contact the authorized officer responsible for administering the lands involved to obtain further instructions regarding current land and resource conditions.

III. REPORTING REQUIREMENTS

<USER NOTES FOR CLAUSES III.A, B, AND C>

<Select and complete the appropriate time frame for submission of the preliminary, draft final, and final reports. Delete the other time frames.>

A. PRELIMINARY REPORT. The holder shall submit a preliminary report to the authorized officer within [___days/___weeks] of completion of the first stage of fieldwork. The preliminary report shall enumerate what was done during the first stage of fieldwork, how it was done, by whom, where, and with what results, including maps, global positioning satellite data, an approved site form for each newly recorded archaeological site, and the holder’s professional recommendations regarding resource significance, as appropriate. Depending on the scope, duration, and nature of the work, the authorized officer may require progress reports periodically for the duration of the authorized activities.

B. DRAFT FINAL REPORT. Within [___ days/___ weeks] of completion of fieldwork, the holder shall submit an edited draft final report to the authorized officer for review to ensure conformance with applicable laws, regulations, policies, and procedures and the terms and conditions of this permit.

C. FINAL REPORT. The holder shall submit the original final report and at least two copies to the authorized officer within [___days/___weeks/___ months] after completion of fieldwork.

D. BLANKET SURVEY CONSULTING PERMIT. If this is a multi-year survey consulting permit, at the end of each calendar year, the holder shall submit to the authorized officer a report enumerating all activities conducted under this permit.

E. DEPOSIT OF MATERIALS AND DOCUMENTS WITH A CURATORIAL FACILITY. Within 90 days of the date the final report is submitted to the authorized officer, the holder shall deposit all artifacts, samples, and collections and original or clear copies of all records, data, photographs, and other documents resulting from activities authorized by this permit with the curatorial facility named in block 12.

F. CATALOGUE AND EVALUATION OF DEPOSITED MATERIALS. The holder shall provide the authorized officer with a catalogue and evaluation of all materials deposited with the curatorial facility named in block 12, including the facility’s accession or catalogue numbers, and confirmation, signed by an authorized curatorial facility official, that artifacts, samples, and collections were deposited with the approved curatorial facility. The confirmation shall include the date the materials were deposited and the type, number, and condition of the deposited materials.

G. CONFIDENTIALITY OF SENSITIVE RESOURCES. The holder agrees to keep the specific location of sensitive resources confidential. Sensitive resources include but are not limited to threatened, endangered, and rare species; archaeological sites; caves; fossil sites; minerals; commercially valuable resources; and traditional cultural properties.

H. CONFIDENTIALITY OF INFORMATION IDENTIFYING ARCHAEOLOGICAL SITES. Without the authorized officer’s prior written approval, the holder shall not publish any locational or other information identifying archaeological sites that could compromise their protection and management by the federal government.

I. IDENTIFICATION OF FOREST SERVICE PERMIT. Any published article, paper, or book containing results of work conducted under this permit shall specify that the work was performed in the ____ National Forest under a Forest Service permit.

J. SUBMISSION OF WRITTEN MATERIALS. The holder shall submit a copy of any published or unpublished report, article, paper, or book resulting from the authorized activities (other than reports required by clauses III.A, B, and C) to the authorized officer and the appropriate official of the curatorial facility named in block 12. The holder shall submit tabular and spatial data to the authorized officer in the format specified in Appendix A.

IV. RIGHTS AND LIABILITIES

A. LEGAL EFFECT OF THE PERMIT. This permit, which is revocable and terminable, is not a contract or a lease, but rather a federal license. The benefits and requirements conferred by this authorization are reviewable solely under the procedures set forth in 36 CFR Part 251, Subpart C, and 5 U.S.C. 704. This permit does not constitute a contract for purposes of the Contract Disputes Act, 41 U.S.C. 601. The permit is not real property, does not convey any interest in real property, and may not be used as collateral for a loan.

B. VALID OUTSTANDING RIGHTS. This permit is subject to all valid outstanding rights. Valid outstanding rights include those derived from mining and mineral leasing laws of the United States. The United States is not liable to the holder for the exercise of any such right.

C. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The signatories of this permit do not intend to confer any rights on any third party as a beneficiary under this permit.

D. 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, 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 clause IV.F, "hazardous material" shall mean any hazardous substance, pollutant, contaminant, hazardous waste, oil, and/or petroleum product, as those terms are defined under any federal, state, or local laws or regulations.

E. INDEMNIFICATION. The holder shall indemnify, defend, and hold harmless the United States for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the 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 family, guests, invitees, heirs, assignees, 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 become applicable; (2) judgments, claims, demands, penalties, or fees assessed against the United States; (3) costs, expenses, and damages incurred by the United States; or (4) the release or threatened release of any solid waste, hazardous waste, hazardous materials, pollutant, contaminant, oil in any form, or petroleum product into the environment. The authorized officer may prescribe terms that allow the holder to replace, repair, restore, or otherwise undertake necessary curative actions to mitigate damages in addition to or as an alternative to monetary indemnification.

F. CONTINUATION OF LIABLITY BEYOND EXPIRATION. The holder shall not be released from requirements of this permit until all outstanding obligations have been satisfied, regardless of whether the permit has expired.

<User note for clause V. If the fee will be waived, select the clause below. If the fee will not be waived, delete this clause.>

V. LAND USE FEE. The land use fee for this permit is waived pursuant to 36 CFR 251.57(b)(2).

<If this permit is for a commercial use, select paragraphs V., V.A., V.B, and V.C. below. If this permit is not for a commercial use, delete these clauses.>

V. PERMIT FEES

A. LAND USE FEE. The holder shall pay an annual land use fee of [$ ] for the period from [ ] to [ ] and thereafter annually on [ ], in the amount of $ Amount.

B. MODIFICATION OF THE LAND USE FEE. The land use fee may be revised whenever necessary to reflect the market value of the authorized use or when the fee system used to calculate the land use fee is modified or replaced.

C. 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.

VI. REVOCATION, SUSPENSION, AND TERMINATION

A. REVOCATION AND SUSPENSION. The authorized officer may revoke or suspend this permit in whole or in part:

1. For noncompliance with federal, state or local law.

2. For noncompliance with the terms and conditions of this permit.

3. For abandonment or other failure of the holder to exercise the privileges granted.

4. With the consent of the holder.

5. For specific and compelling reasons in the public interest.

Prior to revocation or suspension, other than immediate suspension under clause C, the authorized officer shall give the holder written notice of the grounds for revocation or suspension. In the case of revocation or suspension based on clause VI.A.1, 2, or 3, the authorized officer shall give the holder a reasonable period, not to exceed 90 days, to cure any noncompliance.

B. RELINQUISHMENT OF ARTIFACTS AND DOCUMENTS. Within 30 days of revocation or suspension of this permit, the holder shall deliver to the Forest Service all artifacts and originals of all photographs, negatives, catalogues, field notes, analysis sheets, reports in any stage of preparation, computer files, and any other records resulting from any activity conducted under this permit.

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 shall be in writing. The holder may request an on-site review with the authorized officer’s supervisor of the adverse conditions prompting the suspension. The authorized officer’s supervisor shall grant this request within 48 hours. Following the on-site review, the authorized officer’s supervisor shall promptly affirm, modify, or cancel the suspension.

D. APPEALS AND REMEDIES. Written decisions made by the authorized officer relating to administration of this permit are subject to appeal pursuant to 36 CFR Part 251, Subpart C, as amended. 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. Termination of this permit is not subject to administrative appeal and shall not give rise to any claim for damages by the holder against the Forest Service.

VII. MISCELLANEOUS PROVISIONS

A. MEMBERS OF CONGRESS. No member of or delegate to Congress or Resident Commissioner shall benefit from this permit either directly or indirectly, except to the extent the authorized use provides a general benefit to a corporation.

B. SUPERIOR CLAUSES. If there is any conflict between any of the preceding clauses and any subsequent clauses or appendices, the preceding clauses shall control.

THIS PERMIT IS ACCEPTED SUBJECT TO ALL ITS TERMS AND CONDITIONS.

BEFORE ANY PERMIT IS ISSUED TO AN ENTITY, DOCUMENTATION MUST BE PROVIDED TO THE AUTHORIZED OFFICER OF THE AUTHORITY OF THE SIGNATORY FOR THE ENTITY TO BIND IT TO THE TERMS AND CONDITIONS OF THE PERMIT.

ACCEPTED:

HOLDER NAME, PRECEDED BY NAME AND TITLE SIGNATURE DATE

OF PERSON SIGNING ON BEHALF OF HOLDER,

IF HOLDER IS AN ENTITY

APPROVED:

NAME AND TITLE OF AUTHORIZED OFFICER SIGNATURE DATE

<Attach the corresponding application as Appendix A and any other materials required in block 11 of the application>

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 4 hours 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, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (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 toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer.

The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service.

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