FS-2700-5c Resort/Marina Term Special Use Permit

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

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

U.S. DEPARTMENT OF AGRICULTURE
Forest Service
RESORT/MARINA
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 "holder") is hereby authorized to use and occupy National Forest System lands
National Forest for the purposes of constructing, operating, and maintaining a resort/marina,

and waters on the

resort/marina, and
including food service, retail sales, and other ancillary facilities described herein, known as the
subject to the provisions of this resort/marina term special use permit (hereafter "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. Attached Clauses. This permit is accepted subject to the conditions set forth herein on pages 2 through
, and Exhibits

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

I. AUTHORITY AND GENERAL TERMS OF THE PERMIT
A. AUTHORITY. This permit is issued under the authority of the Act of March 4, 1915, as amended (16 U.S.C. 497), and 36 CFR
Part 251, Subpart B, as amended. This permit and the activities or use authorized shall be subject to the terms and conditions of
the Secretary's regulations and any subsequent amendment to them.
B. AUTHORIZED OFFICER. The authorized officer is the Forest Supervisor or a delegated subordinate officer.
C. RULES, LAWS, AND ORDINANCES. The holder in exercising the privileges granted by this term permit shall comply with all
present and future Federal laws and regulations and all present and future state, county, and municipal laws, ordinances, and
regulations that apply to the area or operations covered by this permit, to the extent they do not conflict with Federal law, policy, or
regulation. The Forest Service assumes no responsibility for enforcing laws, regulations, ordinances, and the like that fall under
the jurisdiction of other governmental entities.
D. TERM
USER NOTES FOR "D" CLAUSE
Delete instructions and non-applicable clause prior to printing.
Select item 1. For new areas or areas in need of a Master Development Plan per FSM 2341.
This permit 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 permit shall be extended for an additional

years, for a total of
years, to provide the holder sufficient time to construct facilities approved in the
Master Development Plan within the schedule outlined in clause II.C. (Site Development Schedule), so that the area may be used
by the public. Further Provided; this permit shall be extended by its terms for an additional

years, for a total of

years, if it is in compliance with the site development schedule in the Master Development Plan. The total term of
this permit shall not exceed 30 years. Failure of the holder to comply with all or any provisions of this clause shall cause the
permit to terminate under its terms.
Select item 2. For existing areas and/or areas where a Master Plan is not required.
Unless sooner terminated or revoked by the authorized officer, in accordance with the provisions of the permit, this permit
shall terminate on #EXPIRATION_DATE# but a new special use permit 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. NON-EXCLUSIVE USE. Unless expressly provided in additional terms, this permit is not exclusive. The Forest Service
reserves the right to use or allow others to use any part of the permit area for any purpose.
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. PERIODIC REVISION
1. The terms of this permit shall be subject to revision to reflect changing times and conditions to incorporate land use
allocation decisions made as a result of revision to Forest Land and Resource Management Plans.
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 not needed for the use and
occupancy authorized by this permit.
II. IMPROVEMENTS
A. MASTER DEVELOPMENT PLAN.
USER NOTES FOR "A" CLAUSE.
Delete instructions and non-applicable clause prior to printing.
Select item 1. For areas that have a Master Development Plan, or where a Master Development Plan is required.
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 commercial resort/marina presently developed within 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.
Select item 2. If not applicable.
Not applicable.

B. PERMIT LIMITATIONS. Nothing in this permit allows or implies permission to build or maintain any structure or facility, or to
conduct any activity unless specifically provided for in this permit. Any use not specifically identified in this permit must be
approved by the authorized officer in the form of a new permit or permit amendment.
C. SITE DEVELOPMENT SCHEDULE.
USER NOTES FOR "C" CLAUSE
Selection item 1. Select this clause for areas that have a Master Development Plan, or where a Master Development Plan is
required.
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 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 installation authorized are completed to the satisfaction of the Forest Service and ready for public use prior
to the schedule 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 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 the requirements of clause II.E. Such schedule shall be made a part of this permit.
Selection item 2. Select this item if not applicable.
Not applicable.
D. 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.
E. AMENDMENT. This permit may be amended to cover new, changed, or additional uses(s) or areas not previously considered.
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 permit may be continued or
revised, or a new permit issued.
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 be in normal operation at least
exercise this minimum use may result in revocation under clause IX.A.

days each year or season. Failure of the holder to

B. 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 all operations,
regardless of season, 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 representative prior to
commencing operations. The plan shall outline the holder's activities that will protect public health and safety and the environment
and shall include sufficient detail and standards to enable the Forest Service to monitor operations for compliance.
The authorized officer may require a joint annual business meeting agenda to:

1. Update gross fixed assets (GFA) when the permit fee is calculated under the graduated rate fee system (GRFS).
2. Determine need for performance bond for construction projects and amount of bond.
3. Provide annual use reports.
C. 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.
D. 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 authorized officer's agent, has approved,
and has marked or otherwise designated that which 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 others than the holder at no stumpage cost to the holder. Unmerchantable material shall be disposed of
as directed by the authorized officer. Trees, shrubs, and other plants may be planted in such manner and in such places about
the premises as approved by the authorized officer.
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.
F. 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.
G. 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.
IV. RIGHTS AND LIABILITIES
A. LEGAL EFFECT OF THE PERMIT. This permit is not real property, does not convey any interest in real property, and may not
be used as collateral for a loan.
B. THIRD-PARTY RIGHTS. This permit is subject to all valid rights and claims of third parties. The United States is not liable to
the holder for the exercise of any such right or claim.
C. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The parties to this permit do not intend to confer any rights on any
third party as a beneficiary under this permit, including any party who has responsibility for any day-to-day activities authorized by
this permit, if approved by the authorized officer under clause VIII.
D. INDEMNIFICATION OF THE UNITED STATES. The holder shall indemnify, defend, and hold the United States harmless for
any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the holder in

connection with the use and occupancy authorized by this permit. This indemnification and hold harmless provision includes but
is not limited to acts and omissions of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees in
connection with the use and occupancy authorized by this permit which result in: (1) violations of any laws and regulations which
are now or which may in the future become applicable, and including but not limited to those environmental laws listed in clause
XIII.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.
E. DAMAGE TO UNITED STATES PROPERTY. The holder has an affirmative duty to protect from injury and damage the land,
property, and other interest 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.E and XIII, "hazardous material" shall
mean any hazardous substance, pollutant, contaminant, hazardous waste, oil, and/or petroleum product, as those terms are
defined under any Federal, State, or local law or regulation.
1. The holder shall avoid damaging or contaminating the environment, including but not limited to the soil, vegetation (such as
trees, shrubs, and grass), surface water, and groundwater, during the holder's use and occupancy of the site. If the
environment or any government property covered by this permit becomes damaged during the holder's use and occupancy of
the site, the holder shall immediately repair the damage or replace the damaged items to the satisfaction of the authorized
officer and at no expense to the United States.
2. The holder shall indemnify the United States for any damages arising out of the holder's use and occupancy authorized by
this permit. 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 or occupancy. 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 administrative, legal (including attorney's fees), and other costs in
connection therewith. Such costs may be deducted from the performance bond required under clause XIV.G.
3. With respect to roads, the holder shall be liable for damages to all roads and trails of the United States open to public use
caused by use of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees to the same extent as
provided under clause IV.E.1, except that liability shall not include reasonable and ordinary wear and tear.
F. RISKS. The holder assumes all risk of loss of the property. Loss to the property may result from, but is not limited to, theft,
vandalism, fire and any firefighting activities (including prescribed burns), avalanches, rising waters, winds, falling limbs or trees,
and acts of God. If the authorized improvements are destroyed or substantially damaged, the authorized officer shall conduct an
analysis to determine whether the improvements can be safely occupied in the future and whether rebuilding should be allowed. If
rebuilding is not allowed, the permit shall terminate.
G. HAZARDS. The holder has a continuing responsibility to identify and abate hazardous conditions in the permit area which
could affect the improvements or pose a risk of injury to individuals. The holder shall consult with the authorized officer before
taking any action to abate such hazards.
H. INSURANCE. The holder shall have in force public liability insurance covering property damage and damage to persons in the
combined single limits (CSL). These minimum amounts and
event of death or injury in the minimum amount of
terms are subject to change at the sole discretion of the authorized officer on the annual anniversary date of this authorization.
The coverage shall extend to property damage, bodily injury, or death arising out 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 the permit. Such insurance shall also name the United States as an additional insured. The Forest
Service reserves the right to review and approve the insurance policy prior to issuance. The holder shall send an authenticated
copy of its insurance policy to the Forest Service immediately upon issuance of the policy. The policy shall specify that the
insurance company shall give 30 days prior written notice to the Forest Service of cancellation or any modification of the policy.
V. FEES
SELECT APPROPRIATE "A" CLAUSE.
Selection item 1.: Use for new resorts or resort/marinas not on GRFS.

A. HOLDER TO PAY FAIR MARKET VALUE FOR THE PERMITTED USE. The holder shall pay a permit fee to the USDA,
Forest Service, the sum of dollars

(

) for the period from

to

and thereafter

,
dollars (
). Provided, however, that the permit fee for this use may be
annually on
readjusted as of, and effective on, the beginning of each 5-year period from the due date of the first annual payment in order to
place the charges on a basis commensurate with the value of the use and occupancy authorized by this permit.
Selection item 2.: For resorts or resort/marinas on GRFS.
A. HOLDER TO PAY FAIR MARKET VALUE FOR THE PERMITTED USE. The holder shall pay fair market value for the
use of National Forest System lands as determined by GRFS.
1. The provisions of GRFS identified under this permit may be revised by the Forest Service to reflect changed times and
conditions. Changes shall become effective when:
(a) mutually agreed;
(b) the permit is amended for other purposes; or
(c) a new permit is issued (including after termination of this permit).
2. GRFS may be replaced in its entirety by the Chief of the Forest Service if a new generally applicable fee system is
imposed affecting all holders of authorizations under 16 U.S.C. 497. Replacement shall become effective on the beginning of
the holder's business year.
3. Allocation of GFA and Sales. For purposes of the calculation,
GFA will be adjusted as follows: Full value will be allowed for assets used solely to generate sales for permitted operations.
No value will be given for assets used solely to generate sales for private operations. Assets used jointly to generate sales for
private and permitted operations will be allocated on a basis of use. All GFA will be shown on the depreciation schedule.
Selection item 3: For resorts or resort/marinas on flat fee for construction period.
A. FEES - CONSTRUCTION PERIOD - FLAT FEE. An annual flat fee shall be due the United States during the initial
construction period and until exceeded by fees determined by the Graduated Rate Fee System described below; Thereafter, the
annual fees due the United States for those activities authorized by this permit shall be calculated on sales according to the
schedule below.
HOLDER TO PAY FAIR MARKET VALUE FOR THE PERMITTED USE.
The holder shall pay fair market value for the use of National Forest System lands as determined by GRFS.
1. The provisions of GRFS identified under this permit may be revised by the Forest Service to reflect changed times and
conditions. Changes shall become effective when:
(a) mutually agreed;
(b) the permit is amended for other purposes; or
(c) a new permit is issued (including after termination of this permit).
2. GRFS may be replaced in its entirety by the Chief of the Forest Service if a new generally applicable fee system is
imposed affecting all holders of authorizations under 16 U.S.C. 497. Replacement shall become effective on the beginning of
the holder's business year.
3. Allocation of GFA and Sales. For purposes of the calculation,
GFA will be adjusted as follows: Full value will be allowed for assets used solely to generate sales for permitted operations.
No value will be given for assets used solely to generate sales for private operations. Assets used jointly to generate sales for
private and permitted operations will be allocated on a basis of use. All GFA will be shown on the depreciation schedule.

B. FEES - GRFS. The annual fees due the United States for those activities authorized by this permit shall be calculated on
sales according to the following schedule:
Break-even point
(Sales to GFA)
Kind of Business

(Percentage)

Grocery
Service, Food
Service, Car
Merchandise
Service, Liquor
Outfitting/Guiding
Rental and Services
Lodging

70
70
70
70
60
50
30
40

Rate Base
(Percentage)
.75
1.25
1.30
1.50
1.80
2.00
4.50
4.00

Balance of
Sales Rate
(Percentage)
1.13
1.88
1.95
2.25
2.70
3.00
6.75
6.00

1. A weighted-average break-even point (called the break-even point) and a weighted-average rate base (called the rate
base) shall be calculated and used when applying the schedule to mixed business. If the holder's business records do not
clearly segregate the sales into the business categories authorized by this permit, they shall be placed in the most logical
category. If sales with a different rate base are grouped, place them all in the rate category that shall yield the highest fee.
Calculate the fee on sales below the break-even point using 50 per cent of the rate base. Calculate the fee on sales between
the break-even point and twice the break-even point using 150 percent of the rate base. Calculate the fee on sales above
twice the break-even point using the balance of sales rate.
2. The minimum annual fee for this use, which is due in advance and is not subject to refund, shall be equal to the fee that
would result when sales are 40 percent of the break-even point. This fee shall be calculated and billed by the Forest Service
during the final quarter of the holder's fiscal year, using the most recent GFA figure and previously reported sales data for the
current year, plus, if the operating season is still active, estimated sales for the remainder of the year.
C. DEFINITIONS OF SALES CATEGORIES AND GFA.
1. Sales Categories. For purposes of recording and reporting sales, and sales-related information including the cost of sales,
the activities of the concessionaire are divided into:
Grocery. Includes the sale of items usually associated with grocery stores such as staple foods, meats, produce, household
supplies. Includes the sale of bottled soft drinks, beer and wine, when included in the grocery operation.
Service, Food. Includes the serving of meals, sandwiches, and other items either consumed on the premises or prepared for
carry out. Snack bars are included.
Service, Cars. Includes servicing and the sale of fuels, lubricants, and all kinds of articles used in servicing and repairing
autos, boats, jet skis, aircraft.
Merchandise. Includes the sale of clothing, souvenirs, gifts, ski and other sporting equipment. Where a "Service, Cars"
category of business is not established by this permit, the sale of auto accessories is included in this category.
Service, Liquor. Includes the sale of alcoholic drinks for consumption on the premises and other sales ordinarily a part of a
bar or cocktail lounge business. Where a bar is operated in conjunction with a restaurant or overnight accommodations,
liquor, beer and wine sales shall be accounted for consistent with holder's normal business practice. The sale of alcoholic
beverages for consumption off the premises is also included in this item, except as indicated in "Grocery."
Outfitting/Guiding. Includes all activities or commercial guiding services regardless of mode of travel, when associated with a
resort or marina with a mixture of business. All fees charged are considered sales.
Lodging. Includes lodging where daily maid service is furnished.

Rentals and Services. Includes lodging where daily maid service is not furnished by the holder; the rental of camping space,
ski equipment and other equipment rentals and services. Also included are services such as barbershops, and amusements
including video games.
2. GFA. The capitalized cost of improvements, equipment, and fixtures necessary and used to generate sales and other
revenue during the permit year on the permitted area or within the development boundary shown in this permit.
GFA shall be established by and changed at the sole discretion of the authorized officer based on the current interpretation of
guidelines supporting GRFS.
(a) Valuing GFA. The value of GFA shall be the cost of each qualifying asset as reflected in the financial statements of
the current holder. This is the same amount as shown on the holder's fixed asset depreciation schedule which supports
the general ledger prepared in accordance with generally accepted accounting principles (GAAP). Include in GFA, when
identified by the holder and approved by the authorized officer, costs which are expensed by the holder as payment to
utility companies for constructing and installing utilities to the area to the extent they are necessary for the generation of
sales. Costs for user surcharge or demand rates are not included as GFA.
If fixed assets have not been assigned a value by the holder at the time a permit is issued, the value for GFA must be
determined by the holder and provided to the authorized officer no later than the end of the new holder's first financial
reporting period.
(b) Revaluing GFA. Revalue GFA when events result in a change or restatement of fixed assets on the holder's official
accounting records, prepared in accordance with GAAP. Examples of events that may cause the holder to restate the
value of fixed assets include, but are not limited to:
(1) Sale of assets or common stock which results in a change in ownership, or controlling interest;
(2) Mergers or other business combinations;
(3) Leveraged buy outs, and acquisitions; or
(4) Other events, either voluntary or involuntary, which trigger a revaluation of capitalized assets associated with the
authorized use.
When the holder reports a change in the value of assets due to a restatement of the value of those assets, an audit
may be necessary to validate the new GFA. Any adjustment in fees shall be retroactive to the time the change in
asset value occurred.
(c) The following, and similar items, are not part of GFA:
(1) Assets that ordinarily qualify for inclusion in GFA, but which are out of service for the full operating year for which
fees are being determined.
(2) Land.
(3) Expendable or consumable supplies.
(4) Intangible assets, such as goodwill, permit value, organization expenses, and liquor licenses.
(5) Improvements not related to the operation.
(6) Luxury assets, to the extent their design and cost exceed functional need.
(7) The prorata share of GFA assets in off-site activities not directly associated with the authorized use.
(8) Expensed assets.
(9) Operating leases.

(d) Initial GFA. As of the date of this permit,

the initial GFA under this ownership has been determined to be

as shown in detail on Schedule A attached to this permit. If an error is found in the GFA amount, it shall be
changed to the correct amount retroactive to the date the error occurred and fees adjusted accordingly.
D. CHANGE OF GFA UPON SALE OR CHANGE IN CONTROLLING INTEREST. Upon change of ownership, effective dominion
or controlling interest or upon sale of assets or common stock which results in a change of ownership, effective dominion, or
controlling interest, the value of GFA shall be established applying GAAP.
E. DETERMINING SALES AND OTHER REVENUE. Sales and GFA shall be derived from all improvements and facilities,
including those of applicable third parties, which constitute a logical single overall integrated business operation regardless of the
land ownership. A map shall be prepared designating the development boundary and may be augmented by narrative or table
and shall become a part of this permit.
1. Sales. Fees shall be assessed against all receipts from sales unless specifically exempted. Sales for the purpose of fee
calculation include; (1) all revenue derived from goods and services sold which are related to operations under this permit and
all revenue derived within the development boundary, unless otherwise excluded; (2) the value of goods and services tradedoff for goods and services received (bartering); and (3) the value of gratuities.
(a) Definitions.
(1) Gratuities. Goods, services or privileges that are provided without charge or at deep discount to such individuals
as employees, owners, and officers, or immediate families of employees, owners and officers, and not available to the
general public.
(2) Acceptable Discounts. Transactions for goods or services below stated, listed or otherwise presented prices to the
public at large. Included are such things as group sales and organized programs. These are included in sales at the
actual transaction price.
(3) Discriminatory Pricing. Rates based solely on residence, race, color or religion. Discounts based on age or
disability are not discriminatory pricing.
(4) Preferential Discounts. Discounts offered to certain classes or individuals based on their status, such as
members of boards of directors, contractors, advertisers, doctors, and VIPs.
(5) Market Price. The price generally available to an informed public excluding special promotions. It may not be the
"window price."
(6) Bartering or Trade Offs. The practice of exchanging goods or services between individuals or companies.
(7) Commissions. Commissions are payments received by the holder for collecting revenue on behalf of others as an
agent or providing services not directly associated with the operations, such as selling hunting and fishing licenses,
bus or sight-seeing tickets for trips off or predominantly off the permitted area, accommodating telephone toll calls,
etc.
(8) Franchise Receipts. These are payments made to specific holders by third parties solely for the opportunity to do
business at a specific location. The holder provides little, if anything, in the way of facilities or services. They may be
the only fee paid to the holder or, if some facilities or services are provided by the holder, they may be made in
addition to a rental fee. The franchise receipts may be in the form of fixed amounts of money or in reduced prices for
the franchiser's product or service.
(b) Inclusions. The following items shall be included as gross receipts to arrive at sales:
(1) Gratuities. Daily and season passes are valued at market price unless the permit holder has sufficient records of
daily individual use to substantiate a "value of use". Value of Use is the number of days the pass is used times the
market price. Does not include employees. See (4) below).

(2) Preferential Discounts. Includes the amount that would have been received had the transaction been made at the
market price.
(3) Value of Discriminatory Pricing. Discriminatory pricing is disallowed. Include the amount that would have been
received had the transaction been made at the market price.
(4) Employee discounts in excess of 30 percent of market price. These discounts are exclusively given or provided to
employees, owners, officers or immediate families of employees, owners or officers are gratuities and are included in
sales at 70 percent of market price. Employee discounts less than 30 percent are recorded at transaction price.
(5) Value of bartered goods and services (trade-offs)
(6) Gross sales of third parties. Includes sales of State controlled liquor stores.
(7) Fifty percent of franchise receipts.
(8) All other revenue items not specifically excluded below shall be included as sales.
(c) Exclusions. The following items shall be excluded from gross receipts or revenue to arrive at sales:
(1) Value of goods and services provided to employees, agents, contractors or officials to facilitate the
accomplishment of their assigned duties or work-related obligation or to others for educational or technical
competence related to the type of permitted use such as boat operation, ski patrol, water safety, etc. Similarly, local,
State and Federal government officials including Forest Service employees who in the course of their oversight
responsibilities or otherwise on official business use goods or services. The holder is not required to report the value
of such duty-related or official use as sales for fee calculation purposes.
(2) The value of meals and lodging furnished by an employer to an employee for the employer's convenience if, in the
case of meals, they are furnished on the employer's business premises. The fact that the employer imposes a partial
charge for or that the employee may accept or decline meals does not affect the exclusion if all other conditions are
met. If employer imposes a charge for meals and lodging it shall be included at transaction price. The holder need
not keep records of employee meals and lodging more detailed than those required by the Internal Revenue Service.
(3) Refunds from returned merchandise and receipts from sales of real and nonrental personal property used in the
operation.
(4) Rents paid to the holder by third parties, even if based on sales.
(5) Taxes collected on site from customers, accounted for as such in the holder's accounting records, and that were
paid or are payable to taxing authorities. Taxes included in the purchase price of gasoline, tobacco and other
products, but paid to the taxing authority by the manufacturer or wholesaler are included in sales, and subject to the
permit fee.
(6) Amounts paid or payable to a Government licensing authority or recreation administering agency from sales of
hunting or fishing licenses and recreation fee tickets.
(7) Value of sales and commissions where the holder is serving as an agent for businesses not directly associated
with the permitted operation. This includes such things as bus or sight-seeing-ticket sales for trips not related to
activities on the permitted area, telephone-toll charges, and accident-insurance sales.
(8) Sales of operating equipment. Rental equipment, capitalized assets or other assets used in operations shall be
excluded from gross receipts. Examples are such items as used rental skis, boats, and motors which are sold
periodically and replaced.
F. CONCESSION PAYMENT, GRFS. Reports and deposits required as outlined above shall be tendered in accordance with the
schedule below. They shall be sent or delivered to the Collection Officer, USDA, Forest Service, at the address furnished by the
Forest Supervisor. Checks or money orders shall be payable to "USDA, Forest Service."

1. The holder shall report sales, calculate fees due and make payment each calendar
except for periods in
which no sales take place and the holder has notified the authorized officer that the operation has entered a seasonal
shutdown for a specific period. Reports and payments shall be made by the 30th of the month following the end of each
reportable period.
2. Prior to
the authorized officer shall furnish the holder with a tentative rate which shall be applied to sales in
the fee calculation (item 1), such rate to be one that shall produce the expected fee based on past experience. The correct
fee shall be determined at the end of the year and adjustment made as provided under item (5). Any balance that may exist
shall be credited and applied against the next payment due.
3. During the final fiscal month, pay within 30 days of billing by the Forest Service, the annual minimum fee for the next year.
4. The holder must also provide within three months after close of this operating year a balance sheet representing its
financial condition at the close of its business year, an annual operating statement reporting the results of operations including
year end adjustments for itself and each sublessee for the same period, and a schedule of GFA adjusted to comply with the
terms of this permit in a format and manner prescribed by the authorized officer.
If the holder fails to report all sales in the period they were made or misreports GFA and the authorized officer determines that
additional fees are owed, the holder shall pay the additional fee plus interest. Such interest shall be assessed at the rate
specified in clause V.G. and shall accrue from the date the sales or correct GFA should have been reported and fee paid until
the date of actual payment of the underpaid fee.
5. Within 30 days of receipt of a statement from the Forest Service, pay any additional fee required to correct fees paid for the
past year's operation.
6. All fee calculations and records of sales and GFA are subject to periodic audit. Errors in calculation or payment shall be
corrected as needed for conformance with those audits. Additional fees and interest due as a result of such audits shall be in
accordance with item 4, paragraph 2.
7. Correction of errors includes but is not limited to any action necessary to establish the cost of gross fixed assets to the
current holder, including sales, or other data required to accurately assess and calculate fees. For fee calculation purposes,
error may include:
(a) Misreporting or misrepresentation of amounts.
(b) Arithmetic mistakes.
(c) Typographical mistakes.
(d) Variation from GAAP, when such variations are inconsistent with the terms and conditions 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, with past fees adjusted accordingly. Changes effected by agency policy, including definition of assets included
in GFA, shall only be made prospectively.
G. 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.
H. 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 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.
I. ACCOUNTING RECORDS. The holder shall follow GAAP 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 own expense, shall have the annual accounting reports audited or prepared by a licensed
independent accountant acceptable to the Forest Service, and shall furnish the authorized officer a complete copy of the report.
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) 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.
4. Bank accounts will be maintained separately for the businesses conducted under this permit and not commingled with
those for other businesses of the holder.
VI. TRANSFER OF TITLE TO THE IMPROVEMENTS
A. NOTIFICATION OF TRANSFER. The holder shall notify the authorized officer when a transfer of title to the improvements is
contemplated.

B. TRANSFER OF TITLE. Any transfer of title to the improvements covered by this permit, with the exception of boats owned by
the holder, shall result in termination of the permit. The party who acquires title to the improvements must submit an application
for a permit. Issuance of a new permit to the party who acquires title to the improvements shall be at the sole discretion of the
authorized officer. The authorized officer shall determine that the applicant meets requirements under Federal regulations.
VII. CHANGE IN CONTROL OF THE BUSINESS ENTITY
A. 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. If the holder is a corporation, change of control means the sale or transfer
of at least 50 percent of the corporate stock. If the holder is a partnership, change of control means the sale or transfer of a 50
percent or greater interest in the partnership. If the holder is an individual, change of control means the sale or transfer of the
business to another party.
B. CHANGE IN CONTROL. Any change in control of the business entity as defined in clause VII.A. shall result in termination of
this permit. The party acquiring control of the business entity must submit an application for a special use permit. Issuance of a
new permit shall be at the sole discretion of the authorized officer. The authorized officer shall determine whether the applicant
meets the requirements established by Federal regulations.
VIII. RESPONSIBILITY FOR DAY-TO-DAY ACTIVITIES
As a general rule, the holder shall conduct the day-to-day activities authorized by this permit. Some but not all of these activities
may be conducted by a party other than the holder, but only with prior written approval of the authorized officer. The holder shall
continue to be responsible for compliance with all the terms of this permit.
IX. REVOCATION AND SUSPENSION
A. REVOCATION OR SUSPENSION. The Forest Service may suspend or revoke this permit in whole or part for:
1.
2.
3.
4.

Noncompliance with Federal, State, or local laws and regulation.
Noncompliance with the terms and conditions of this permit.
Reasons in the public interest.
Abandonment or other failure of the holder to exercise the privileges granted.

B. OPPORTUNITY TO TAKE CORRECTIVE ACTION. Prior to revocation or suspension under clause IX.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 30 days' 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 ten days 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.
X. RENEWAL
This permit does not provide for renewal. Prior to termination of this permit, the holder may apply for a new permit that would
renew the use and occupancy authorized by 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 Forest Land and Resource 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.
XI. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT RENEWAL
Except as provided in clause IX.C., 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 and improvements, except those
owned by the United States, within a reasonable time 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 cost associated with their removal, including costs of
sale and impoundment, cleanup, and restoration of the site.
XII. HEALTH AND SAFETY
A. BOATING SAFETY.
USER NOTES FOR "A" CLAUSE
Selection item 1. Use this wording when a authorized marina has boat rentals.
1. Boating Laws. Where boats and motors are to be rented to the general public, the holder shall comply with the
provisions of all State and Federal boating laws. The holder shall post at each boathouse, dock or wharf, the rules for safe
operation.
2. Boating Safety Plan. A comprehensive safety plan shall be jointly prepared by the holder and the authorized officer in
charge and the provisions thereof will be executed by the holder. This plan shall be reviewed annually and revised as
needed. It will include consideration of hazards involved in the use and enjoyment of the permitted area and lake facilities. It
will include provisions for adequate instructions, signs, warnings, signals, banners, buoys, and other safety precautions
necessary to provide public safety regarding mechanical equipment and other sources of personal injury.
3. Safety Testing. The Forest Service reserves the right to test any and all boats, canoes, and other devices for water travel
to determine their stability and safety and to suspend or prohibit their use if, in the opinion of the Forest Service, they do not
comply with the minimum safety requirements of the permit.
Selection item 2. Use this wording when not applicable.
Not applicable.
B. SANITATION. The operation and maintenance of all sanitation, food service, and water-supply methods, systems, and
facilities shall comply with the standards of the State, local health departments and water control agencies.
C. 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, including waste materials, garbage, and
rubbish of all kinds.
D. CONSTRUCTION SAFETY. The holder shall carry on all operations in a skillful manner, having due regard for the safety of
employees; and shall safeguard with fences, barriers, fills, covers, or other effective devices, pits, cuts, and other excavations
which otherwise would unduly imperil the life, safety, or property of other persons.
E. HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION. The holder shall take all measures necessary to protect the
environment, natural resources, and the health and safety of all persons affected by the use and occupancy authorized by this
permit, and shall promptly abate as completely as possible and in compliance with all applicable laws and regulations any physical
or mechanical procedure, activity, event, or condition existing or occurring before, during, or after the term of this permit that
causes or threatens to cause:

1. a hazard to the safety of workers or to public health or safety or
2. harm or damage to the environment (including by not limited to areas of vegetation or timber, fish or other wildlife
populations, or their habitats, or any other natural resource). The holder shall immediately notify the authorized officer of all
serious accidents which occur in connection with such activities. The responsibility to protect the health and safety of all
persons affected by the use and occupancy authorized by this permit is solely that of the holder. The Forest Service has no
duty under the terms of this permit to inspect the permit area or operations and activities of the holder for hazardous
conditions or compliance with health and safety standards.
XIII. RESOURCE AND IMPROVEMENT PROTECTION
A. COMPLIANCE WITH ENVIRONMENTAL LAWS. The holder shall in connection with the use and occupancy authorized by
this permit comply with all applicable Federal, State, and local environmental laws and regulations, including but not limited to
those established pursuant to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal
Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., the Oil Pollution Act, as amended, 33 U.S.C. 2701 et seq., the
Clean Air Act, as amended, 42 U.S.C. 7401 et seq., the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), as amended, 42 U.S.C. 9601 et seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601 et seq., the
Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as
amended, 42 U.S.C. 300f et seq.
B. WATER 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 area under this permit, and the adjacent land, as far as
possible with the authorized use, during construction, operation, and maintenance of the improvements.
D. VANDALISM. The holder shall take reasonable measures to prevent and discourage vandalism or disorderly conduct and
when necessary shall call in the appropriate law enforcement officer.
E. PESTICIDE USE. Pesticides may not be used to control undesirable woody and herbaceous vegetation, aquatic plants,
insects, rodents, trash fish, etc., without the prior written approval of the Forest Service. 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 considered
for use on National Forest System lands. Label instructions and all applicable laws and regulations shall be strictly followed in the
application of pesticides and disposal of excess materials and containers.
F. 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.
G. 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 1973, 16 U.S.C. 531 et seq., as amended, or 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.

H. CONSENT TO STORE HAZARDOUS MATERIALS. The holder shall not store any hazardous materials at the site without
obtaining the prior written approval of the authorized officer, and 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 the issuance of this permit,
shall be amended to include specific terms and conditions 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 and conditions shall be proposed by
the holder and are subject to approval by the authorized officer.
I. SURETY BOND FOR USE OR STORAGE OF HAZARDOUS MATERIALS. If any hazardous materials are used or stored at
the site, the holder shall deliver and maintain a surety bond in accordance with clause XIV.G.
J. CLEANUP AND REMEDIATION. Except with respect to any Federally permitted release as that term is defined under Section
101(10) of CERCLA, 42 U.S.C. 9601(10), the holder shall clean up or otherwise remediate any release, threat of release, or
discharge of hazardous materials that occurs either on site or in connection with the holder's activities, whether or not those
activities are authorized under this permit. The holder shall perform cleanup or remediation immediately upon discovery of the
release, threat of release, or discharge of hazardous materials. The holder shall perform the cleanup or remediation to the
satisfaction of the authorized officer and at no expense to the United States. Upon revocation or termination of this permit, the
holder shall deliver the site to the Forest Service free and clear of contamination.
K. CERTIFICATION UPON REVOCATION OR TERMINATION. If the holder uses or stores hazardous materials at the site, upon
revocation or termination of this permit the holder shall provide the Forest Service with a report certified by a professional or
professionals acceptable to the Forest Service that the site covered by the permit is uncontaminated by the presence of
hazardous materials and that there has not been a release or discharge of hazardous materials upon the site, into surface water
at or near the site, or into groundwater below the site during the term of the permit. If a release or discharge has occurred, the
professional or professionals shall document and certify that the release or discharge has been fully remediated and that the site
is in compliance with all Federal, State, and local laws and regulations.
L. ENVIRONMENTAL SITE REPORT. An Environmental Site Report prepared by the holder prior to issuance of this permit and
documenting the known history of the site with regard to the storage, release, or disposal of hazardous materials is attached
. Upon revocation or termination of this permit, the holder shall
hereto and made a part of this permit as Exhibit
prepare another Environmental Site Report which shall document the environmental condition of the site at that time and describe
any storage, release, or disposal of hazardous materials during the use and occupancy of the site by the holder. Both
Environmental Site Reports prepared by the holder shall be subject to 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.
XIV. 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 when the authorized use provides a general benefit to a corporation.
B. 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.
C. 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
National Forest shall be made readily apparent in all of the
vicinity. The fact that the permitted area is located on the
holder's brochures and print advertising regarding use and management of the area and facilities under permit.
D. WATER RIGHTS. This authorization does not confer any water rights on the holder. Such rights must be acquired under
State Law. Such rights must also be relinquished upon revocation or termination of this permit or, if there is a succeeding permit
holder, the water rights must be transferred to that holder.

E. 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.
F. TIMESHARE. No commercial facilities or equipment authorized under this permit will be operated under a timeshare or interval
ownership concept. All such facilities will be made available to the general public on a short-term rental basis.
G. BONDING.
USER NOTE FOR "G" CLAUSE.
Selection item 1. Select when bonding is NOT REQUIRED.
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. The authorized officer may periodically
evaluate the adequacy of the bond and increase or decrease the amount as appropriate.
Selection item 2. Select when bond is REQUIRED.
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. The authorized officer may periodically
evaluate the adequacy of the bond and increase or decrease the amount as appropriate.
Performance Bonds. As a further guarantee of compliance with the terms and conditions of this permit, the holder agrees to
deliver and maintain a surety bond or other acceptable security in the amount of #PERF_BOND_AMOUNT#. Should the bond or
other security delivered under this permit become unsatisfactory to the Forest Service, the holder shall within 30 days of demand
furnish a new bond or other security issued by a surety that is solvent and satisfactory to the Forest Service. In lieu of a bond, the
holder may deposit and maintain in a Federal depository cash in the amount prescribed above or negotiable securities of the
United States having a market value at the time of deposit of at least the dollar amount prescribed above. 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 any obligations secured under this clause, without prejudice to any rights and remedies of
the United States.
The holder's surety bond shall be released or deposits in lieu of a bond shall be returned 30 days after certification by the Forest
Service that priority installations under the Master Development Plan are complete, and upon furnishing by the holder of proof
satisfactory to the Forest Service that all claims for labor and material for these installations have been paid or satisfied and
released.
Prior to undertaking additional construction or alteration work not covered by any existing surety bond or other security, or when
the improvements are to be removed and the area restored, the holder shall deliver and maintain a surety bond for that work in an
amount set by the Forest Service. The amount of the bond shall not exceed the estimated loss the Government would suffer upon
default in performance of this work.
H. HOLDER REPRESENTATIVE. The holder or a designated representative shall be present on the premises at all times when
the facilities are open to the public. The holder will notify the District Ranger in writing who the representative will be.
I. HOLDER'S AND USERS' CONDUCT. Disorderly or otherwise objectionable conduct by the holder or those occupying the
premises with the holder's permission shall upon proof thereof be cause for termination of this permit.
USE APPROPRIATE "J" CLAUSE.
Select item 1. When liquor sales permitted.
J. LIQUOR SALES PERMITTED. The sale of (liquors, (or other intoxicating beverages), (beer and wine) is allowed under
this permit. However, if conditions develop as a result of this privilege which, in the judgment of the Forest officer in charge are
undesirable, the sale of such (liquors, (or other intoxicating beverages), (beer and wine) shall be discontinued. In the event that
this action becomes necessary, the holder will be informed in writing by the Forest Service.

Select item 2. When liquor sales prohibited.
J. LIQUOR SALES PROHIBITED. The sale of liquors or other intoxicating beverages is expressly prohibited on the area
covered by this permit.
K. GAMBLING. Gambling or gambling machines or devices will not be permitted on National Forest lands regardless of whether
or not they are lawful under State law or county ordinances.
L. SERVICES NOT PROVIDED. This permit is for the occupancy of land for the purposes stated 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.
M. SUPERSEDED PERMIT. This permit supersedes a special use permit designated: #PREV_REISSUE_HOLDER#,
#PREV_AUTH_ID#, dated #PREV_REIS_ISSUE_DATE#.
N. APPEALS AND REMEDIES. Any discretionary decisions or determinations by the authorized officer are subject to the appeal
regulations at 36 CFR Part 251, Subpart C, or revisions thereto.
O. PERMIT TERMINATION OF WITHDRAWN LAND.
SELECT APPLICABLE "O" CLAUSE.
Select item 1. "O" clause is mandatory for permits on lands withdrawn for power or reclamation projects.
Any lands described in this permit which have been withdrawn for waterpower purposes under the act of March 3, 1879, or
act of June 25, 1910 (or are embraced in an application or license under the Federal Power Act of June 10, 1920), or have been
withdrawn under the Reclamation Act of June 17, 1902, are subject at any time to use in connection with the development of
waterpower or for reclamation purposes. This permit, therefore, is issued with the specific understanding that (1) its use shall not
interfere with such waterpower or reclamation development and that (2) the permit may be, if necessary, terminated upon ninety
(90) days notice when in the judgment of the Federal Power Commission, or of the Bureau of Reclamation in the event of
reclamation withdrawals, the lands occupied are needed for use in connection with the generation of hydroelectric power,
reclamation developments, or other purposes contemplated by the act or acts under which the lands have been withdrawn. No
claim shall be made against the United States or power licensees for or on account of prospective profits or for any injury or
damage to properties, improvements, or operations due to such development. The holder will be allowed ninety (90) days in
which to remove his improvements.
In the event the lands are needed for the withdrawn purposes, clause IX.C. of this permit is inoperative.
Select item 2. Use this selection when "O" clause is not applicable.
Not applicable.
P. SUPERIOR CLAUSES. In the event of any conflict between any of the preceding printed clauses or any provision thereof and
any of the following clauses or any provision thereof, the preceding printed clauses shall control.
#INSERT TERM HERE#

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

ACCEPTED:

HOLDER NAME

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.

SCHEDULE A

GROSS FIXED ASSETS

Land-Based:

Water-Based:

Total value of assets = $

SCHEDULE B

AUTHORIZED SERVICES

Those services authorized under this permit are:

SCHEDULE C

AUTHORIZED FACILITIES

The following facilities are authorized, as they exist as of the date of this permit.

A. On Land

B. On Water