Form FS-7700-48 PERMIT FOR USE OF ROADS, TRAILS, OR AREAS RESTRICTED BY

USDA Forest Service FS-7700-48 (v10/2012)

OMB No. 0596-0016 (exp. TBD)

PERMIT FOR USE OF ROADS, TRAILS, OR AREAS RESTRICTED BY REGULATION OR ORDER Authority: 16 U.S.C. 532-538 <DELETE ALL USER NOTES BEFORE PRINTING> < No permit may be issued unless a completed Form FS-7700-40 is received.>
For Official Use Only					DATE OF APPLICATION
REGION      	STATE      	COUNTY      	FOREST      	RANGER DISTRICT      	     
1. PERMIT HOLDER (name, address, and e-mail address) TELEPHONE NUMBER       (   )     -                 
2. DESCRIPTION OF RESTRICTED ROADS, TRAILS, OR AREAS       DATES OF AUTHORIZED USE AUTHORIZED MOTOR VEHICLE CLASSES AND NUMBER OF MOTOR VEHICLES            
3. DESCRIPTION OF AUTHORIZED USES OTHERWISE PROHIBITED      
4. CONDITIONS OF USE Authorized uses are subject to all the permit terms and conditions on page 2. The following additional conditions of use apply:       c. The following attachments are included as additional conditions of this permit:      

1. This permit shall expire on the last date shown in Block 2. This permit shall not be extended or renewed.

2. This permit is for use only by the holder or the holder’s authorized representatives listed in block 2 of the corresponding application when they are acting within the scope of their delegated authority. This permit is not assignable or transferable.

3. There is no fee for this permit.

<USER NOTE FOR CLAUSE 4>

<Select for use the appropriate of the 2 following clauses marked #4, and then delete the remaining clause and extra spaces.>

4.  This permit is a federal license that constitutes written authorization for the holder to be on National Forest System roads, on National Forest System trails, or in areas on National Forest System lands that are closed or restricted by regulation or order.  This permit does not constitute a contract or lease for purposes of the Contract Disputes Act, 41 U.S.C. 601; does not convey any interest in real property; and may not be used as collateral for a loan.

4.  This permit is a federal license that constitutes written authorization for motor vehicle use by the holder on undesignated National Forest System roads, undesignated National Forest System trails, or in undesignated areas on National Forest System lands per
36 CFR 212.51(a)(8) and 261.13(h).  This permit does not constitute a contract or lease for purposes of the Contract Disputes Act,
41 U.S.C. 601; does not convey any interest in real property; and may not be used as collateral for a loan.

5. This permit is subject to all valid outstanding rights.

6. The use authorized by this permit is not exclusive. The Forest Service reserves the right to use the roads, trails, and areas authorized by this permit and to allow others to use them at any time. The holder shall use the roads, trails, and areas authorized by this permit in a manner that will not unreasonably or unnecessarily interfere with their use by others, including the Forest Service.

7. A copy of this permit shall be carried in all motor vehicles operated under this permit. When vehicles are parked in restricted areas, a copy of this permit shall be displayed on the dashboard. When a parked motor vehicle does not have a dashboard, a note shall be left on the parked vehicle and the permit copy locked in a vehicle compartment or carried in the operator’s possession. This permit shall be presented upon request to any Forest Service officer.

8. Unless specifically authorized by attachments to this permit, the holder shall not reconstruct or maintain routes, plow snow, post signs, erect closure devices, or otherwise restrict use of routes by other authorized traffic.

9. In exercising the privileges granted by this permit, the holder shall comply with all present and future federal laws and regulations and all present and future state, county, and municipal laws, regulations, and other legal requirements, including state traffic laws, that apply to the permit area, to the extent they do not conflict with federal law, regulation, or policy.

10. The holder assumes all risk of loss associated with use of the roads authorized by this permit, including theft, vandalism, fire and any fire-fighting activities (including prescribed burns), avalanches, rising waters, winds, falling limbs or trees, and acts of nature. 

11. The holder shall be liable for all injury, loss, or damage, including but not limited to the value of resources damaged or destroyed, the costs of restoration, cleanup, or other mitigation, and fire suppression or other types of abatement costs, associated with the use and occupancy authorized by this permit.

12. The holder shall indemnify, defend, and hold harmless the United States for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the holder in connection with use of the roads authorized by this permit.  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.

13. The holder shall have in force motor vehicle insurance covering losses associated with the use authorized by this permit in at least the minimum amounts prescribed by law for operating motor vehicles on public roads in the State.

14. The responsible official may suspend or revoke this permit in whole or in part for noncompliance with federal, state, or local law; noncompliance with the terms of this permit; or abandonment or other failure of the holder to exercise the privileges granted. Prior to revocation or suspension, other than immediate suspension under clause 15, the responsible official shall give the holder written notice of the grounds for revocation or suspension and a reasonable time, typically not to exceed 7 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.

15. 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.

16. The holder and the responsible official shall keep each other informed of current mailing addresses.

17. 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.

18. If there is a conflict between any of the preceding printed clauses and any clauses contained in attachments to this permit, 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 any 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 average one (1) minute per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer.

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

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