FS-2700-5 Term Special Use Permit

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

FS-2700-5 (03/06)
OMB No. 0596-0082

U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
TERM SPECIAL USE PERMIT
AUTHORITY:
Act of March 4, 1915, 16 U.S.C. 497

Holder Name, Address, City, State, and Zip code.
Holder Name (the holder) is authorized to use and occupy National Forest System lands on the
Forest, subject to the terms and conditions of this term special use permit (the permit).

National

This permit covers number of acres acres in township, range, and section (the permit area), as shown on the map
attached as Appendix A. This permit is issued for the purpose of:
The following improvements are authorized in the permit area:
TERMS AND CONDITIONS
I. GENERAL TERMS
A. AUTHORITY. This permit is issued pursuant to the Act of March 4, 1915, the Term Permit Act, 16 U.S.C.
497, 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 or a subordinate officer with
delegated authority.
C. TERM. This permit shall expire at midnight on [date], [number of years (F.Sup/20, RF/30, NTE/30)] from the
date of issuance. Expiration of this permit shall not require notice, a decision document, or any environmental
analysis or other documentation.
D. RENEWAL. This permit does not provide for renewal. Prior to expiration of this permit, the holder may apply
for a new permit that would renew the use and occupancy authorized by this permit. Applications for a new
permit must be submitted at least one year prior to expiration of this permit. Renewal of the use and occupancy
authorized by this permit shall be at the sole discretion of the authorized officer. At a minimum, before renewing
the use and occupancy authorized by this permit, the authorized officer shall require that (1) the use and
occupancy to be authorized by the new permit is consistent with the standards and guidelines in the applicable
land management plan; (2) the type of use and occupancy to be authorized by the new permit is the same as the
type of use and occupancy authorized by this permit; and (3) the holder is in compliance with all the terms of this
permit. The authorized officer may prescribe new terms and conditions when a new permit is issued.

E. AMENDMENT

1. 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.
2. At the sole discretion of the authorized officer, this permit may be amended to remove authorization to use
any National Forest System lands not specifically covered in the master development plan for this permit or
not needed for the use and occupancy authorized by this permit.
3. The holder may apply for an amendment to this permit to cover new or changed uses or areas. In
approving or denying an amendment, the authorized officer shall consider, in addition to the requirements in
applicable laws and regulations, the findings or recommendations of other affected agencies and whether the
new or changed use or area can be accommodated by an amendment to this permit, or whether a new permit
should be issued.
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, 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 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 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 temporary improvements, the lands and waters covered by this
permit shall remain open to the public for all lawful purposes.
H. ASSIGNABILITY. This permit is not assignable or transferable.
I. TRANSFER OF TITLE TO THE IMPROVEMENTS
1. Notification of Transfer. The holder shall notify the authorized officer when a transfer of title to all or part of
the improvements is contemplated.
2. Transfer of Title. Any transfer of title to the improvements covered by this permit shall result in termination
of the permit. The party who acquires title to the improvements must submit an application for a permit. The
Forest Service is not obligated to issue a new permit to the party who acquires title to the improvements. The
authorized officer shall determine that the applicant meets requirements under applicable federal regulations.
J. CHANGE IN CONTROL OF THE BUSINESS ENTITY
1. Notification of Change in Control. The holder shall notify the authorized officer when a change in control of
the business entity that holds this permit is contemplated.
a. In the case of a corporation, control is an interest, beneficial or otherwise, of sufficient outstanding voting
securities or capital of the business so as to permit the exercise of managerial authority over the actions and
operations of the corporation or election of a majority of the board of directors of the corporation.
b. In the case of a partnership, limited partnership, joint venture, or individual entrepreneurship, control is a
beneficial ownership of or interest in the entity or its capital so as to permit the exercise of managerial
authority over the actions and operations of the entity.
c. In other circumstances, control is any arrangement under which a third party has the ability to exercise
management authority over the actions or operations of the business.

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2. Effect of Change in Control. Any change in control of the business entity as defined in clause J.1 shall
result in termination of this permit. The party acquiring control must submit an application for a special use
permit. The Forest Service is not obligated to issue a new permit to the party who acquires control. The
authorized officer shall determine whether the applicant meets the requirements established by applicable
federal regulations.
II. IMPROVEMENTS
A. LIMITATIONS ON USE. Nothing in this permit gives or implies permission to build or maintain any structure
or facility or to conduct any activity unless specifically authorized by this permit. Any use not specifically
authorized by this permit must be proposed in accordance with 36 CFR 251.54. Approval of such a proposal
through issuance of a new permit or permit amendment is at the sole discretion of the authorized officer.
B. PLANS. All plans for development, layout, construction, reconstruction, or alteration of improvements in the
permit area, as well as revisions to those plans, must be prepared by a licensed engineer, architect, landscape
architect, or other qualified professional acceptable to the authorized officer. These plans and plan revisions must
have written approval from the authorized officer before they are implemented. The authorized officer may
require the holder to furnish as-built plans, maps, or surveys upon completion of the work.

C. MASTER DEVELOPMENT PLAN. The holder shall prepare a master development plan in a form acceptable
to the authorized officer for construction of any improvements to be authorized by this permit. The master
development plan and any changes to the plan must have prior written approval from the authorized officer before
they are implemented, and shall become part of this permit. Additional construction beyond maintenance of
existing improvements shall not be authorized without amendment of the master development plan.
D. SITE DEVELOPMENT SCHEDULE. The holder and the Forest Service jointly shall prepare a site
development schedule, which shall become part of this permit, before any construction occurs in the permit area.
The site development schedule shall list improvements in the master development plan and any amendments to
the plan in order of priority, the starting date for their construction, and the due date for their completion. All
required plans and specifications for improvements included in the site development schedule shall be properly
certified and submitted to the authorized officer at least 45 days before the starting date for their construction.
The holder may accelerate the scheduled date for completion of any improvement, as long as the other scheduled
improvements are completed on time and to the satisfaction of the authorized officer. Any other changes to the
site development schedule must have prior written approval from the authorized officer. Pursuant to clause IV.K,
the authorized officer may require a performance bond for improvements constructed under a site development
schedule.
III. OPERATIONS
A. OPERATING PLAN. The holder shall prepare and annually revise by [date] an operating plan. The
operating plan shall be prepared in consultation with the authorized officer or the authorized officer’s designated
representative and shall cover all operations authorized by this permit. The operating plan shall outline steps the
holder's will take to protect public health and safety and the environment and shall include sufficient detail and
standards to enable the Forest Service to monitor the holder’s operations for compliance with the terms and
conditions of this permit. The operating plan shall be submitted by the holder and approved by the authorized
officer or the authorized officer’s designated representative prior to commencement of operations and shall be
attached to this permit as an appendix. The authorized officer may require an annual meeting with the holder to
discuss the terms and conditions of the permit or operating plan, annual use reports, or other concerns either
party may have.
B. PERIOD OF USE. The use and occupancy authorized by this permit shall be in normal operation at least [
days each year or season. Failure of the holder to exercise this minimum use may result in revocation of this
permit under clause VII.A.

C. RESPONSIBILITY FOR DAY-TO-DAY ACTIVITIES. As a general rule, the holder shall conduct the day-today activities authorized by this permit. A limited amount of activities may be conducted by a party other than the

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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.
D. LEASING. Subject to clause III.C., the holder may lease authorized concessions and improvements owned
by the holder that are located within the permit area with the prior written approval of the authorized officer. The
Forest Service reserves the right to disapprove these leases. The holder shall remain responsible for compliance
of the leased concessions and improvements with all the terms and conditions of this permit.
E. 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.
The holder shall comply with inspection requirements deemed appropriate by the authorized officer.
F. INSPECTION BY THE 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. The obligations of the holder under this permit are not contingent upon any duty of the Forest Service
to inspect the premises. A failure by the Forest Service or other governmental officials to inspect is not a defense
to noncompliance with any of the terms and conditions 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 the authorized
officer's designated representative has approved in writing and marked or otherwise identified 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 within the permit area with prior written
approval of the authorized officer.
H. SIGNS. Signs posted on National Forest System lands must have prior written approval of the authorized
officer.
I. REFUSE DISPOSAL. The holder shall comply with all applicable federal, state, and local requirements
related to the disposal of refuse resulting from the use and occupancy authorized by this permit.

J. SANITATION. The operation and maintenance of all sanitation, food service, and water-supply methods,
systems, and facilities shall comply with applicable standards set by state and local health departments.

K. DRINKING WATER SYSTEM. The holder, as the water supplier and owner or operator of the drinking water
system for the facilities authorized by this permit, is responsible for compliance with all applicable federal, state,
and local drinking water laws and regulations governing operation and maintenance of a public drinking water
system, including but not limited to developing, operating, and maintaining the system and conducting drinking
water testing and taking appropriate corrective and follow-up actions in accordance with federal, state, and any
other applicable requirements. For purposes of this permit, public water systems are defined in accordance with
the Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.), and the National Primary Drinking Water
Regulations, 40 CFR Part 141, or state regulations, if more stringent. The holder shall retain all drinking water
system records as required by applicable laws and regulations. The holder agrees to make the records available
to the Forest Service and to any other regulatory agency authorized to review Forest Service activities.

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L. LIQUOR SALES. The sale of [liquor or other intoxicating beverages] [beer and wine] is allowed in the permit
area. However, if in the judgment of the authorized officer undesirable conditions develop as a result of this
privilege, the sale of [liquor or other intoxicating beverages] [beer and wine] shall cease. The holder shall be
informed in writing by the authorized officer if the sale of [liquor or other intoxicating beverages] [beer and wine]
must cease.

L. LIQUOR SALES. The sale of liquor or other intoxicating beverages is prohibited in the permit area.
M. GAMBLING. Gambling and gambling machines and devices are prohibited on National Forest System lands,
regardless of whether they are lawful under state or local law.
N. NONDISCRIMINATION
1. The holder and its employees shall not discriminate against any person on the basis of race, color, sex (in
educational and training programs), 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 thirdparty 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.
O. 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.
P. PROHIBITION OF TIME-SHARE ARRANGEMENTS. No commercial facilities or equipment authorized
under this permit will be operated under a time-share or interval-ownership arrangement. All authorized facilities
and equipment shall be made available to the general public on a short-term rental basis.
Q. HOLDER’S REPRESENTATIVE. The holder or the holder’s designated representative shall be within the
permit area at all times when the facilities are open to the public. The holder shall notify the authorized officer in
writing who the holder’s representative will be.
R. HOLDER'S AND USERS' CONDUCT. Disorderly or otherwise objectionable conduct by the holder or those
occupying the permit area with the holder's permission shall be cause for revocation or suspension of this permit.

IV. RIGHTS AND LIABILITIES

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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 under 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 parties to this permit do not intend to confer
any rights on any third party as a beneficiary under this permit.
D. SERVICES NOT PROVIDED. This permit is for the occupancy of land for the purposes stated in this permit
and 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.
E. RISK OF LOSS. The holder assumes all risk of loss to 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 authorized
improvements in the permit area are destroyed or substantially damaged, the authroized officer shall conduct an
anlalysis to determine whether the improvements can be safely occupied in the future and whether rebuilding
should be allowed. If rebuilding is not allowed, the 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, 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 IV.F and section V, "hazardous material" shall mean any hazardous substance,
pollutant, contaminant, hazardous waste, oil, and/or petroleum product, as those terms are defined under any
federal, state, or local laws or regulations.
1. The 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 permit area. If the environment or any government property covered by this permit
becomes damaged during the holder's use and occupancy of the permit area, 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 be liable for all injury, loss, or damage, including fire suppression or other costs
associated with rehabilitation or restoration of natural resources, associated with the holder's use and
occupancy of the permit area. Compensation shall include but is not limited to the value of resources
damaged or destroyed, the costs of restoration, cleanup, or other mitigation, fire suppression or other types of
abatement costs, and all associated administrative, legal (including attorney's fees), and other costs. Such
costs may be deducted from a performance bond required under clause IV.J.
3. The holder shall be liable for damage caused by use of the holder or the holder's heirs, assigns, agents,
employees, contractors, or lessees to all roads and trails of the United States that are open to public use to
the same extent as provided under clause IV.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 afftected by the use and

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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 exisiting or occurring before, during, or 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 health or safety of the public or the holder’s employees or agents or harm to the environment
(including 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 these activities, events, or conditions. The holder has sole responsibility to protect the health and
safety of all persons affected by the use and occupancy authorized by this permit. The Forest Service has no
duty under the terms of this permit to inspect the permit area or operations 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 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 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, including but not limited to the 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 activities to mitigate damages in addition or as an alternative to monetary indemnification.

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 authorized officer 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 also shall specify that the insurance company
shall give 30 days prior written notice to the authorized officer of cancellation of or any modification to the policies.
The certificate of insurance, the authenticated copy of the insurance policy, and written notice of cancellation or
modification of insurance policies should be sent to [mailing address of administering office]. Minimum amounts
of coverage and other insurance requirements are subject to change at the sole discretion of the authorized
officer on the anniversary date of this permit.
1. 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:
$ [amount] for injury or death to one person per occurrence;
$ [amount] for injury or death to more than one person per occurrence; and
$ [amount] for third-party property damage per occurrence.
2. 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

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connection with the holder's use and occupancy. Any requirements imposed would be established case by
case by the authorized officer based on the degree of environmental risk from the holder's operations. The
storage and use of normal maintenance supplies in nominal amounts generally would not trigger financial
assurance requirements.

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 authorized officer 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 also shall specify that the insurance company
shall give 30 days prior written notice to the authorized officer of cancellation of or any modification to the policies.
The certificate of insurance, the authenticated copy of the insurance policy, and written notice of cancellation or
modification of insurance policies should be sent to [mailing address of administering office]. Minimum amounts
of coverage and other insurance requirements are subject to change at the sole discretion of the authorized
officer on the anniversary date of this permit.
1. 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 $ [amount] as a combined single limit per occurrence.
2. 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 case by
case by the authorized officer based on the degree of environmental risk from the holder's operations. The
storage and use of normal maintenance supplies in nominal amounts generally would not trigger financial
assurance requirements.

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. BONDING. The authorized officer may require the holder to furnish a surety bond or other security for any of
the obligations imposed by the terms and conditions of this permit or any applicable law, regulation, or order.

1. As a further guarantee of compliance with the terms and conditions of this permit, the holder shall deliver
and maintain a surety bond or other acceptable security, such as cash deposited and maintained in a federal
depository or negotiable securities of the United States, in the amount of bond amount for specify obligations

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covered. The authorized officer may periodically evaluate the adequacy of the bond or other security and
increase or decrease the amount as appropriate. If the bond or other security becomes unsatisfactory to the
authorized officer, the 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 authorized officer. If the holder fails to meet any of the
requirements secured under this clause, money deposited pursuant to this clause shall be retained by the
United States to the extent necessary to satisfy the obligations secured under this clause, without prejudice to
any other rights and remedies of the United States.
2. The bond shall be released or other security returned 30 days after (a) the authorized officer certifies that
the obligations covered by the bond or other security are met and (b) the holder establishes to the satisfaction
of the authorized officer that all claims for labor and material for the secured obligations have been paid or
released.
3. Prior to undertaking additional construction or alteration not covered by the bond or other security, or when
the authorized improvements are to be removed and the permit area restored, the holder may be required to
obtain additional bonding or security.
V. RESOURCE 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 POLLUTION. No waste or by-product shall be discharged into water if it contains any substance in
concentrations which will result in harm to fish and wildlife, or to human water supplies. Storage facilities for
materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any
spillage into waters or channels leading into water that would result in harm to fish and wildlife or to human water
supplies.
C. ESTHETICS. The holder shall protect the scenic esthetic values of the permit area and the adjacent land to
the greatest extent possible during construction, operation, and maintenance of the authorized improvements.
D. VANDALISM. The holder shall take reasonable measures to prevent and discourage vandalism or disorderly
conduct and when necessary shall contact the appropriate law enforcement officer to address these problems.
E. HERBICIDE AND PESTICIDE USE. Herbicides and pesticides may not be used outside of buildings to
control undesirable woody and herbaceous vegetation, aquatic plants, insects, rodents, or fish without the prior
written approval of the authorized officer. A request for approval of planned uses of pesticides shall be submitted
annually by the 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 require control measures which 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 authorized for use on National Forest System lands. Label
instructions and all applicable laws and regulations shall be strictly followed in the application of pesticides and
disposal of excess materials and containers.

F. ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES. The holder shall immediately notify the
authorized officer of all antiquities or other objects of historic or scientific interest, including but not limited to
historic or prehistoric ruins, fossils, or artifacts discovered in connection with the use and occupancy authorized
by this permit. The holder shall leave these discoveries intact and in place until directed otherwise by the

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authorized officer. Protective and mitigative measures specified by the authorized officer shall be the
responsibility of the holder.
G. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION (NAGPRA). If the holder inadvertently
discovers human remains, funerary objects, sacred objects, or objects of cultural patrimony on federal or tribal
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 forest archaeologist by telephone of the
discovery and shall follow up with written confirmation of the discovery. The activity that resulted in the
inadvertent discovery may not resume until 30 days after the forest archaeologist certifies receipt of the written
confirmation, if resumption of the activity is otherwise lawful, except that a recovery plan adopted as a binding
agreement between the Forest Service and the affected Indian tribes may provide for earlier resumption of the
activity.
G. PROTECTION OF HABITAT OF THREATENED, ENDANGERED, AND SENSITIVE SPECIES. The location
of sites within the permit area needing special measures for protection of plants or animals listed as threatened or
endangered under the Endangered Species Act (ESA) of 1973, 16 U.S.C. 531 et seq., as amended, or as
sensitive by the Regional Forester under Forest Service Manual (FSM) 2670, pursuant to consultation conducted
under section 7 of the ESA, may be identified on the ground or shown on a separate map. The map shall be
attached to this permit as an appendix. The holder shall take any protective and mitigative measures specified by
the authorized officer. If protective and mitigative measures prove inadequate, if other sites within the permit area
containing threatened, endangered, or sensitive species are discovered, or if new species are listed as threatened
or endangered under the ESA or as sensitive by the Regional Forester under the FSM, the authorized officer may
specify additional protective and mitigative measures. Discovery of these areas by the holder or the Forest
Service shall be promptly reported to the other party.
H. 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.

< Include clauses V.H.1, V.H.2, and V.H.3 when consenting to store hazardous materials. Otherwise,
delete them.>
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 enumerated 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. If hazardous materials are used or stored at the site, the authorized officer may require the holder to
deliver and maintain a surety bond in accordance with clause IV.J.
3. The holder shall not release any hazardous material as defined in clause IV.F onto land or into rivers,
streams, impoundments, or natural or man-made channels leading to them. All prudent and safe attempts
must be made to contain any release of these materials. The authorized officer may specify conditions that
must be met, including conditions more stringent than those imposed by federal, state, and local regulations,
to prevent releases and protect natural resources.

I. CLEANUP AND REMEDIATION
1. The holder shall immediately notify all appropriate response authorities, including the National Response
Center and the Forest Service authorized officer or the authorized officer’s designated representative, of any

10

oil discharge or of the release of a hazardous substance in the permit area in an amount greater than or equal
to its reportable quantity, in accordance with 33 CFR Part 153, Subpart B, and 40 CFR Part 302. For the
purposes of this requirement, “oil” is defined by section 311(a)(1) of the Clean Water Act, 33 U.S.C.
1321(a)(1). The holder shall immediately notify the authorized officer or the authorized officer’s designated
representative of any release or threatened release of any hazardous material in or near the permit area
which may be harmful to public health or welfare or which may adversely affect natural resources on federal
lands.
2. Except with respect to any federally permitted release as that term is defined under section 101(10) of
CERCLA, 42 U.S.C. 9601(10), the holder shall clean up or otherwise remediate any release, threat of release,
or discharge of hazardous materials that occurs either in the permit area or in connection with the holder's
activities in the permit area, regardless of whether 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 permit area to the Forest Service free and clear of contamination.
J. 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 permit area is
uncontaminated by the presence of hazardous materials and that there has not been a release or discharge of
hazardous materials upon the permit area, into surface water at or near the permit area, or into groundwater
below the permit area 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
permit area is in compliance with all applicable federal, state, and local laws and regulations.
K. ENVIRONMENTAL SITE REPORT. An environmental site report prepared by the holder prior to issuance of
this permit and documenting the known history of the permit area with regard to the storage, release, or disposal
of hazardous materials is attached to and made a part of this permit as Appendix [ ] Upon revocation or
termination of this permit, the holder shall prepare another environmental site report, which shall document the
environmental condition of the permit area at that time and describe any storage, release, or disposal of
hazardous materials during the holder’s use and occupancy of the permit area. Both environmental site reports
prepared by the holder shall be subject to written approval by the authorized officer. A comparison of the two
reports shall assist the authorized officer in determining whether any environmental cleanup or restoration is
required. Any cleanup or restoration shall be completed promptly by the holder in accordance with all applicable
federal, state, and local laws and regulations.
VI. LAND USE FEE AND ACCOUNTING ISSUES
USER NOTES FOR CLAUSE VI.A

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

] for the period from [

] to [

] and

< Select the following clause VI.A for permits that have an annual land use fee of $3500 or more.>
A. LAND USE FEE.
B. MODIFICATION OF THE LAND USE FEE. The land use fee may be revised whenever necessary to reflect
the market value of the authorized use or when the fee system used to calculate the land use fee is modified or
replaced.
C. FEE PAYMENT ISSUES

11

1. Crediting of Payments. Payments shall be credited on the date received by the deposit facility, except
that if a payment is received on a non-workday, the payment shall not be credited until the next workday.
2. Disputed Fees. Fees are due and payable by the due date. Disputed fees must be paid in full.
Adjustments will be made if dictated by an administrative appeal decision, a court decision, or settlement
terms.
3. Late Payments
(a) Interest. Pursuant to 31 U.S.C. 3717 et seq., interest shall be charged on any fee amount not paid within
30 days from the date it became due. The rate of interest assessed shall be the higher of the Prompt
Payment Act rate or the rate of the current value of funds to the Treasury (i.e., the Treasury tax and loan
account rate), as prescribed and published annually or quarterly by the Secretary of the Treasury in the
Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Interest on the principal shall
accrue from the date the fee amount is due.
(b) Administrative Costs. If the account becomes delinquent, administrative costs to cover processing and
handling the delinquency shall be assessed.
(c) Penalties. A penalty of 6% per annum shall be assessed on the total amount that is more than 90 days
delinquent and shall accrue from the same date on which interest charges begin to accrue.
4. Administrative Offset and Credit Reporting. Delinquent fees and other charges associated with
the permit shall be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C.
3711 et seq. and common law. Delinquencies are subject to any or all of the following:
(a) Administrative offset of payments due the 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.
D. NONPAYMENT. Failure of the holder to make timely payments, pay interest charges, or any other charges
when due shall be grounds for revocation of this permit.

E. ACCESS TO RECORDS. For purposes of administering this permit (including ascertaining that the correct
land use fee was paid), the holder shall make all accounting books and supporting records for the authorized
operations, as well as those of lessees operating in the permit area, available for review by the Forest Service or
other federal agencies authorized to review Forest Service activities. Review of accounting books and supporting
records shall be made at dates convenient to the holder and reviewers. Financial information shall be kept
confidential to the extent permitted by law. The holder shall retain these records and keep them available for
review for 5 years after they were generated, unless otherwise approved by the authorized officer in writing.
F. 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 financial results to the authorized officer. When requested by the authorized officer, the holder at its
own expense shall have annual accounting reports for the authorized operations audited or prepared by a
licensed independent accountant acceptable to the Forest Service. The holder shall require lessees to comply
with these same requirements. At a minimum, the holder’s and lessees’ accounting system shall include:
1. Systematic internal controls, including recording by type of business the gross receipts derived from all
operations conducted under this permit. Gross receipts should be recorded daily and, if possible, deposited

12

into a bank account without reduction for disbursements. Receipt entries shall be documented by cash
register tapes, sale invoices, rental records, cash accounts from other sources, or some other means.
2. A permanent record of capital investments in facilities (including a depreciation schedule).
3. Generation and maintenance of other records and accounts as may be specified by the authorized officer.
VII. REVOCATION, SUSPENSION, AND TERMINATION
A. REVOCATION AND SUSPENSION. The authorized officer may revoke or suspend this permit in whole or in
part:
1.
2.
3.
4.
5.

For noncompliance with federal, state, or local law.
For noncompliance with the terms and conditions of this permit.
For abandonment or other failure of the holder to exercise the privileges granted.
With the consent of the holder.
For specific and compelling reasons in the public interest.

Prior to revocation or suspension, other than immediate suspension under clause VII.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 VII.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. REVOCATION FOR SPECIFIC AND COMPELLING REASONS IN THE PUBLIC INTEREST. If during the
term of this permit the authorized officer determines that specific and compelling reasons in the public interest
require revocation of this permit, this permit shall be revoked after 30 days written notice to the holder. The
Forest Service shall then have the right to purchase the holder's improvements, to remove them, or to require the
holder to remove them, and the Forest Service shall be obligated to pay an equitable amount for the
improvements or for removal of the improvements and damages resulting from their removal that are caused by
the Forest Service. If that amount is fixed by mutual agreement between the authorized officer 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 authorized officer shall determine the amount to be paid, which
shall become part of the revocation decision.
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 administrative 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, other than as provided in clause VII.B.
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 and shall not give rise to any claim for damages by the holder
against the Forest Service.

F. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT RENEWAL.
Except as provided in clause VII.B., upon revocation of this permit or termination of this permit without renewal of
the authorized use, the authorized officer has the discretion to require the holder to sell or remove all structures

13

and improvements, except those owned by the United States, within a reasonable period prescribed by the
authorized officer and to restore the site to the satisfaction of the authorized officer. If the holder fails to sell or
remove all structures or improvements within the prescribed period, they shall become the property of the United
States and may be sold, destroyed, or otherwise disposed of without any liability to the United States. However,
the holder shall remain liable for all costs associated with their removal, including costs of sale and impoundment,
cleanup, and restoration of the site.
G. CONTINUATION OF OBLIGATIONS AND LIABILITIES BEYOND EXPIRATION OR REVOCATION.
Notwithstanding the termination or revocation of this permit, its terms and conditions shall remain in effect and
shall be binding on the holder and the holder’s personal representative, successors, and assignees until all the
holder’s obligations and liabilities accruing before or as a result of termination or revocation of this permit have
been satisfied.

H. TERMINATION FOR THE DEVELOPMENT OF HYDROELECTRIC POWER OR RECLAMATION
PURPOSES. Any lands covered by this permit which have been withdrawn for hydroelectric power under the act
of March 3, 1879, or the act of June 25, 1910, or are covered by an application or license governed by the
Federal Power Act of June 10, 1920, are subject at any time to use for the development of hydroelectric power.
Any lands covered by this permit which have been withdrawn under the Reclamation Act of June 17, 1902, are
subject at any time to use for reclamation purposes. This permit is issued with the specific understanding that (1)
the use and occupancy authorized by this permit shall not interfere with such development of hydroelectric power
or reclamation and that (2) the permit shall terminate after 90 days written notice when, in the judgment of the
Federal Power Commission, the lands in question are needed for the development of hydroelectric power or, in
the judgment of the Bureau of Reclamation, the lands in question are needed for reclamation purposes. The
holder shall have 90 days to remove the authorized improvements. Termination under this clause shall not give
rise to any claim by the holder against the Federal Power Commission, the Bureau of Reclamation, the Forest
Service, or hydroelectric power licensees for damages, including lost profits and damage to improvements, due to
such development of hydroelectric power or reclamation.
VIII. 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. REGULATING SERVICES AND RATES. The authorized officer shall have the authority to regulate the
adequacy and type of services provided the public under this permit 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 the permit. These prices may be regulated by the authorized officer, provided that the holder shall
not be required to charge prices significantly different from those charged by comparable or competing
enterprises.
C. ADVERTISING. The holder, either orally or in advertisements, signs, circulars, brochures, letterheads, and
like materials, shall not misrepresent in any way the accommodations provided, the status of the permit, or the
ownership of the permit area or adjacent lands. The fact that the authorized facilities and services are located on
the [ ] National Forest shall be explicitly stated in all the holder's brochures and print advertising regarding the
operations authorized by this permit.
D. CURRENT ADDRESSES. The holder and the authorized officer shall keep each other informed of current
mailing addresses, including those necessary for billing and payment of land use fees.
E. SUPERSEDED PERMIT. This permit supersedes a special use permit designated
#PREV_REISSUE_HOLDER#, #PREV_AUTH_ID#, dated #PREV_REIS_ISSUE_DATE#.
F. SUPERIOR CLAUSES. If there is a conflict between any of the preceding printed clauses and any of the
following clauses, the preceding printed clauses shall control.

14

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
OF PERSON SIGNING ON BEHALF OF HOLDER,
IF HOLDER IS AN ENTITY

SIGNATURE

DATE

SIGNATURE

DATE

APPROVED:

NAME AND TITLE OF AUTHORIZED OFFICER

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.

15

APPENDIX A
MAP OF THE PERMIT AREA

16

APPENDIX B
GROSS FIXED ASSETS

Land-Based

$

Water-Based

$

Total Value of Gross Fixed Assets

$

17

APPENDIX C
AUTHORIZED SERVICES

The services authorized under this permit are:

18

APPENDIX D
AUTHORIZED FACILITIES

The following facilities are authorized by this permit:

A. On Land

B. On Water

19