Fs-7700-41 Road Use Permit

FS-7700-41 (v12/2013)

USDA Forest Service OMB No. 0596-0016 (exp. 07/31/2016)

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

NON-FEDERAL COMMERCIAL ROAD USE PERMIT

AUTHORITY:

Section 4 and Section 6 of the National Forest Roads and Trails Act

16 U.S.C. 535 and 537

<Delete all user notes before printing.>

[name and address] (the holder), is hereby granted use of the following roads or road segments and related transportation facilities (hereinafter “roads”) on the [ranger district and national forest], for commercial hauling, subject to the terms and conditions of this permit:

<List roads and road segments authorized by this permit.>

APPENDICES

<Delete any inapplicable appendices and re-letter the remaining appendices.>

A – Annual Operating Plan

B – Reconstruction Schedule

C – Reconstruction Plans and Specifications

D – Commensurate Share Calculation

E – Maintenance Requirements

F – Investment Sharing Calculation

TERMS AND CONDITIONS

I. GENERAL TERMS

A. AUTHORITY. This permit is issued pursuant to the National Forest Roads and Trails Act, 16 U.S.C. 535 and 537, and 36 CFR Part 212, Subpart A, as amended, and is subject to their provisions.

B. RESPONSIBLE OFFICIAL. The responsible official is the [district ranger or forest or grassland supervisor] or a subordinate officer with delegated authority.

C. TERM. This permit shall expire at midnight on [date], ____ [months or years] 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 is not renewable. Prior to expiration of this permit, the holder may apply for a new permit that would renew the use authorized by this permit. Renewal of the use shall be at the sole discretion of the responsible official.

E. AMENDMENT. This permit may be amended in whole or in part by the Forest Service when, at the discretion of the responsible official, this action is deemed necessary or desirable to incorporate new terms that may be required by law, regulation, directive, the applicable land management plan, or projects and activities implementing a land management plan pursuant to 36 CFR part 215.

F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In exercising the rights and privileges granted by this permit, the holder shall comply with all present and future federal laws and regulations and all present and future state, county, and municipal laws, regulations, and other legal requirements, including state traffic laws, 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 authorized by this permit is not exclusive. The Forest Service reserves the right to use the roads authorized by this permit and to allow others to use them at any time. The holder shall use the roads authorized by this permit in a manner that will not unreasonably or unnecessarily interfere with their use by others, including the Forest Service. Except for any restrictions that the holder and the Forest Service agree are necessary to protect public safety and road investments, the roads authorized by this permit shall remain open to the public for all lawful purposes.

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

II. OPERATIONS

A. ANNUAL OPERATING PLAN. The holder shall prepare and annually revise by [date] an operating plan. The annual operating plan shall be prepared in consultation with the responsible official or the responsible official’s designated representative and shall cover all operations authorized by this permit. At a minimum, the annual operating plan shall specify the date the use authorized by this permit will commence, the duration and extent of the use, the products that will be hauled, a traffic control plan per clause II.C, the names of the holder’s employees, contractors, and subcontractors who will use the roads authorized by this permit on behalf of the holder, and any other information regarding the authorized use deemed necessary by the responsible official. The annual operating plan shall be submitted by the holder and approved by the responsible official or the responsible official’s designated representative prior to commencement of commercial hauling under this permit and shall be attached to this permit as Appendix A. If there is any material change in the information contained in the annual operating plan, the holder shall notify the responsible official promptly in writing of the change.

B. HOLDER’S REPRESENTATIVE. The holder shall designate a representative for purposes of administration of this permit and shall notify the responsible official in writing who the holder’s representative will be.

C. USE RECORDS. Every [insert interval] during periods the holder is conducting commercial hauling on the roads covered by this permit, the holder shall provide scale or other records acceptable to the responsible official that document the quantity hauled, calculated in the unit of measure (e.g., thousands of board feet, tons, cubic yards, or vehicle units) used to determine payments in lieu of performance under clause III.E or the holder’s investment share under section V.

D. PUBLIC SAFETY. When the holder is engaged in commercial hauling adjacent to or on National Forest System roads or National Forest System trails open to public travel, the holder shall provide users with adequate warning of hazardous conditions associated with the holder’s operations. A traffic control plan for each commercial hauling project shall be approved by the responsible official in writing before commercial hauling commences. Warning devices shall be appropriate for current conditions and shall be covered or removed when not needed. Flags and other warning devices shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and any specifications attached to this permit.

E. TRAFFIC RULES AND USE RESTRICTIONS

1. The holder and its agents, employees, and contractors shall comply with all traffic rules and use restrictions imposed by the Forest Service, including:

a. Road closures or use restrictions prompted by weather conditions, a fire hazard, or road construction or maintenance.

b. Traffic rules for safe and effective use of roads.

c. Regulation of the number of vehicles using a road to prevent traffic congestion.

2. Unless specified in this permit or approved in writing by the responsible official, use of motor vehicles by the holder or its agents, employees, or contractors must be in accordance with the applicable motor vehicle use map (36 CFR 261.13).

3. Temporary traffic control signs, flagging, and warning devices for road construction, operation, or maintenance conducted under this permit shall comply with Part 6 of the MUTCD.

4. The holder shall not load logs on trucks parked on a road, except to recover lost logs.

5. The holder shall not operate vehicles or equipment with cleats or other tracks that will injure the road surface.

<Include clause II.D.6 when the permit authorizes off-highway haul. Otherwise, delete clause II.D.6.>

6. The holder shall not operate logging trucks more than _____ feet wide, more than _____ feet long, or with a gross weight and load of more than_____ tons.

F. REQUIREMENT TO CARRY A COPY OF THE PERMIT. Drivers of all vehicles operating under this permit shall have a copy of the first sheet of this permit in their vehicle. The copy will be presented, on request, to any Forest Service officer.

G. LOAD MARKING. Unless otherwise approved in writing by the responsible official, when hauling wood products under authority of this permit, a 6” minimum size red letter “P” shall be painted on three or more ends of logs visible from the front and on three or more ends of logs visible from the back of the load.

III. PERFORMANCE AND COST RECOVERY

A. RECONSTRUCTION REQUIRED TO ACCOMMODATE USE. The holder shall perform any road reconstruction required to accommodate the holder’s use under this permit, or deposit funds sufficient to cover the cost of the reconstruction, before the holder’s use commences.

<USER NOTES FOR CLAUSE III.B>

<Delete clause III.B if road reconstruction is not required to accommodate the authorized use, and reletter the remaining clauses in section III.>

B. RECONSTRUCTION SCHEDULE, PLANS, AND SPECIFICATIONS. To accommodate the authorized use, the holder shall perform the road reconstruction described in the attached schedule (Appendix B), in accordance with that schedule and the attached plans and specifications (Appendix C).

C. COMMENSURATE SHARE

1. The holder shall perform maintenance, or deposit funds sufficient to cover the cost of maintenance, commensurate with the holder’s use of the roads authorized by this permit (the holder’s commensurate share), measured, e.g., in thousand board feet, cubic yards, or vehicle units. The holder shall be entirely responsible for maintenance that is necessitated by the holder’s use, i.e., maintenance which would not be necessary if the holder’s use did not occur. The holder shall be proportionately responsible with other users of the roads authorized by this permit for maintenance not necessitated by traffic, i.e., maintenance that is necessary due to natural causes such as rain, wind, rock fall, and growth of brush. Maintenance that could be required or for which payment could be required by this clause includes, at a minimum, work addressed in section IV of this permit.

2. The initial calculation of the holder’s commensurate share, including the maintenance made necessary by the authorized use and the cost of the maintenance, is shown in Appendix D. The value of the holder’s commensurate share for the use authorized by this permit is $_____, provided that the rate shall be revised upward or downward on the anniversary date of this permit, based on estimated costs and anticipated use of the roads authorized under this permit. If the value of the holder’s commensurate share exceeds the cost of maintenance that is performed on the roads authorized by this permit, the difference between the value of the holder’s commensurate share and the cost of the maintenance performed shall be deposited in cash, as provided in clause III.E.

D. PERFORMANCE BOND FOR ROAD MAINTENANCE. As a further guarantee of the holder’s commensurate share obligation, the responsible official may require the holder to furnish a surety bond or other security.

<USER NOTES FOR CLAUSES III.D.1 and III.D.2>

<Delete clauses III.D.1 and III.D.2 when a performance bond is not required.>

1. As a further guarantee of compliance with the holder’s commensurate share obligation, 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 $_____. The responsible official 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 responsible official, 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 responsible official. 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 responsible official certifies that the obligations covered by the bond or other security are met and (b) the holder establishes to the satisfaction of the responsible official that all claims for labor and material for the secured obligations have been paid or released.

<USER NOTES FOR CLAUSE III.E>

<Include clause III.E when payments are made in lieu of performance of maintenance. Otherwise, delete clause III.E.>

E. PAYMENT IN LIEU OF PERFORMANCE. An initial payment in lieu of performance of maintenance in the amount of $_____ shall be made before use commences under this permit. Thereafter, payments in lieu of performance shall be made [weekly/monthly] in the amount of $_____, calculated using the rate of payment for the holder’s commensurate share in clause III.C. Payments shall be based on monthly use records submitted per clause II.C. Payments shall be sent to [address]. In lieu of an advance payment, the holder may 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 $_____. If the holder fails to meet the payment obligation secured under this clause, money deposited pursuant to this clause shall be retained by the United States to the extent necessary to satisfy the obligation, without prejudice to any other rights and remedies of the United States. The surety bond shall be released or other security returned 30 days after the responsible official certifies that the obligation covered by the bond or other security is met.

IV. REQUIREMENTS FOR CONDUCTING MAINTENANCE

A. IN GENERAL. When maintenance is performed, it shall be conducted in accordance with the following requirements and the requirements in Appendix E:

1. The holder shall perform maintenance on the roads authorized by this permit that is necessary to protect and repair the roadbed, road surface, and associated transportation facilities.

2. The holder shall resurface the roads authorized by this permit to the extent loss of surfacing is caused by the use authorized by this permit.

3. If other commercial haulers are operating on the roads authorized by this permit, the holder and those commercial haulers shall enter into an agreement for performance of maintenance on these roads. If conflicts arise regarding responsibility for the maintenance, commercial hauling on these roads shall cease until the conflicts are resolved.

B. SNOW REMOVAL. Snow removal shall be conducted in a manner that protects roads, ensures safe and efficient transportation of materials, and prevents erosion damage to roads, streams, and adjacent lands. The holder shall:

1. Remove snow from the entire width of the road surface, including turnouts.

2. Remove snow slides, earth slides, fallen timber, and boulders that obstruct the road surface.

3. Remove snow, ice, and debris from ditches and culverts so that the drainage system will function efficiently at all times.

4. Deposit all debris, except snow and ice, removed from the road surface and ditches at locations approved by the responsible official and away from stream channels.

5. Leave at least ____ inches of snow to protect the road.

6. Restore any damage resulting from snow removal in a timely manner.

7. Ensure that snow plowing is conducted in accordance with the traffic control plan required under clause II.C.

The holder shall not:

8. Undercut constructed slopes or remove gravel or other surfacing material from the road surface.

9. Leave snow berms on the road surface. Berms on the shoulder of the road shall be removed or drainage holes shall be opened and maintained. Drainage holes shall be spaced as necessary to obtain satisfactory surface drainage without discharge on erodible fills.

10. Use equipment with cleats or other tracks to plow snow without prior written approval of the responsible official.

<Insert any additional requirements for snow removal.>

<USER NOTES FOR SECTION V>

<Include the following section V when the holder is subject to investment sharing under section 4 of FRTA, 16 U.S.C. 535, and the holder will enter into a cooperative agreement with the Forest Service for the agency to recoup the holder’s share of the construction costs for roads authorized under this permit that have been borne by the agency. The authority for the cooperative agreement is section 4 of FRTA and section 1 of the Cooperative Funds and Deposits Act, 16 U.S.C. 565a-1. See FSH 7709.58.>

V. INVESTMENT SHARING. The holder is hauling non-federal forest products from land tributary to roads authorized under this permit, and is therefore subject to investment sharing under 16 U.S.C. 535. The holder and the responsible official have entered into a cooperative agreement for the agency to recoup the holder’s share of the construction costs for roads authorized under this permit that have been borne by the agency (the holder’s investment share). The holder may contribute funds or may perform maintenance or reconstruction required to accommodate the holder’s use to satisfy the holder’s investment sharing obligation. The cooperative agreement shall include the holder’s investment share calculation and shall be attached to this permit.

<Include the following section V when the holder is subject to investment sharing under section 4 of FRTA and the holder has not entered into a cooperative agreement with the Forest Service for the agency to recoup the holder’s share of the construction costs for roads authorized under this permit that have been borne by the agency.>

V. INVESTMENT SHARING

1. The holder is hauling non-federal forest products from land tributary to roads authorized under this permit, and is therefore subject to investment sharing under 16 U.S.C. 535. The holder shall reimburse the Forest Service or, in lieu of reimbursement, perform maintenance or reconstruction required to accommodate the holder’s use, for the holder’s share of the construction costs for roads authorized under this permit that have been borne by the Forest Service (the holder’s investment share). If reconstruction to accommodate the holder’s use is required, it shall be completed before the holder’s use commences.

2. The holder’s investment share shall be based on the percentage of total non-federal forest products on lands tributary to the roads authorized by this permit that the holder will be hauling. The value of the holder’s investment share is $_____, calculated using the rate of payment for the holder’s commensurate share in clause III.C. Payments shall be based on monthly use records submitted per clause II.C. Payments shall be sent to [address]. The holder’s investment share shall be paid off at a rate of the total construction costs for roads authorized under this permit divided by the total volume of non-federal forest products (e.g., measured in thousand board feet, tons, cubic yards, or vehicle units) that will be hauled from lands tributary to the roads authorized by this permit over [specify period, typically 20 years]. The calculation of the holder’s investment share and the rate of payment are shown in Appendix F.

VI. RIGHTS AND LIABILITIES

A. LEGAL EFFECT OF THE PERMIT. This permit, which is revocable and terminable, is a federal license. This permit does not constitute a contract or lease for purposes of the Contract Disputes Act, 41 U.S.C. 601. 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. VALID OUTSTANDING RIGHTS. This permit is subject to all valid outstanding rights.

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. RISK OF LOSS. The holder assumes all risk of loss associated with use of the roads authorized by this permit, including but 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. 

E. DAMAGE TO UNITED STATES PROPERTY. The holder has an affirmative duty to protect from damage the land, property, and other interests of the United States.  Damage includes but is not limited to fire suppression costs, damage to government improvements covered by this permit, and all costs and damages associated with or resulting from the release or threatened release of a hazardous material occurring during or as a result of activities of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees on, or related to, the lands, property, and other interests covered by this permit.  For purposes of this clause, "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, while conducting commercial hauling under this permit.  If the environment or any government property covered by this permit becomes damaged during the holder's use under this permit, the holder shall immediately repair the damage or replace the damaged items to the satisfaction of the responsible official 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 in connection with rehabilitation or restoration of natural resources associated with the use authorized by this permit.  Compensation shall include but not be limited to the value of resources damaged or destroyed, the costs of restoration, cleanup, or other mitigation, fire suppression or other types of abatement costs, and all administrative, legal (including attorney's fees), and other costs. Such costs may be deducted from a performance bond required under clause IV.D.

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 to the same extent as provided under clause VI.E.1.

F.   HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION.  The holder shall promptly abate as completely as possible and in compliance with all applicable laws and regulations any activity or condition arising out of or relating to use of the roads authorized by this permit that causes or threatens to cause a hazard to public health or the safety of 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 responsible official of all traffic accidents and any other serious accidents that occur in connection with the authorized use.  The responsibility to protect the health and safety of all persons affected by use of the roads 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 roads authorized by this permit or authorized activities of the holder for hazardous conditions or compliance with health and safety standards.

G.   COMPLIANCE WITH ENVIRONMENTAL LAWS.  The holder shall in connection with use of the roads 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.

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 or the holder’s employees, contractors, or subcontractors in connection with use of the roads 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, or contractors in connection with use of the roads authorized by this permit which result in (1) violations of any laws and regulations which are now or which may in the future become applicable, and including but not limited to those environmental laws listed in clause V.G 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 responsible official may prescribe terms that allow the holder to replace, repair, restore, or otherwise undertake necessary curative actions to mitigate damages in addition to or as an alternative to monetary indemnification.

I.  INSURANCE  

<USER NOTES FOR CLAUSE VI.I.1>

<Use the minimum coverage established in applicable state law; a cooperative agreement or an easement issued for the roads authorized by the permit; or $______, $_____, and $______, respectively, for injury or death to one person, injury or death to two or more persons, and property damage, whichever is greater.>

1.  The holder or the holder’s employees, contractors, or subcontractors shall have in force automobile insurance covering losses associated with the use authorized by this permit in at least the amount of $_____ for injury or death to one person, $_____ for injury or death to two or more persons, and $_____ for property damage.  Minimum amounts of coverage and other insurance requirements are subject to change at the sole discretion of the responsible official on the anniversary date of this permit.

2.  Any insurance policies obtained by the holder pursuant to clause VI.I 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 clause VI.I. 

3.  The holder shall furnish proof of insurance, such as a certificate of insurance, to the responsible official 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 any insurance policies required pursuant to clause VI.I.  The holder shall send an authenticated copy of any insurance policies required pursuant to clause VI.I to the responsible official immediately upon request. 

 

4.  The holder shall give 30 days prior written notice to the responsible official of cancellation of or modifications to insurance policies by the holder.  The holder shall give immediate written notice to the responsible official of cancellation of or modifications to insurance policies by the insurer. If insurance coverage lapses, this permit shall terminate. 

5.  Certificates of insurance, authenticated copies of insurance policies, if requested, and written notices of cancellation of or modifications to insurance policies should be sent to [address of responsible official].

VII. REVOCATION, SUSPENSION, AND TERMINATION

A. REVOCATION AND SUSPENSION. The responsible official may revoke or suspend this permit in whole or in part for:

1.   Noncompliance with federal, state, or local law.

2.   Noncompliance with the terms of this permit.

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

Prior to revocation or suspension, other than immediate suspension under clause VII.B, the responsible official shall give the holder written notice of the grounds for revocation or suspension and a reasonable time, typically not to exceed 90 days, to cure any noncompliance. Revocation or suspension of this permit shall not give rise to any claim for damages by the holder against the Forest Service.

B. IMMEDIATE SUSPENSION.  The responsible official 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.

C. TERMINATION. This permit shall terminate when by its terms a fixed or agreed upon condition, event, or time occurs without any action by the responsible official, such as expiration of the permit by its terms on a specified date or with the consent of the holder. Termination of this permit shall not give rise to any claim for damages by the holder against the Forest Service.

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.   CURRENT ADDRESSES.  The holder and the responsible official shall keep each other informed of current mailing addresses, including those necessary for payment of the holder’s commensurate or investment share.

<USER NOTES FOR CLAUSE VIII.C>

<Delete clause VIII.C if it does not apply, and re-letter the remaining clause.>

C. SUPERSEDED PERMIT. This permit supersedes a road use permit issued to [holder] dated _____.

D.  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.

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 RESPONSIBLE OFFICIAL OF THE AUTHORITY OF THE SIGNATORY FOR THE ENTITY TO BIND IT TO THE TERMS AND CONDITIONS OF THE PERMIT.

ACCEPTED:

HOLDER NAME, PRECEDED BY NAME AND TITLE SIGNATURE DATE

OF PERSON SIGNING ON BEHALF OF HOLDER,

IF HOLDER IS AN ENTITY

APPROVED:

NAME AND TITLE OF RESPONSIBLE OFFICIAL SIGNATURE DATE

<Attach annual operating plan, maintenance requirements, reconstruction schedule, reconstruction plans and specifications, commensurate share calculation, investment sharing calculation, and any other appendices.>

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number.  The valid OMB control number for this information collection is 0596-0016.  The time required to complete this information collection is estimated to have no associated burden 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 discrimination complaint write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 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.

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