(NAME)
, (ADDRESS)
(the holder)
(CITY), (STATE) (ZIP)
is authorized to occupy a recreation residence on National Forest
System lands for personal, noncommercial recreational use on the
Hiawatha National Forest, subject to the terms and conditions of
this permit and its appendices. This permit covers
XX
acres, hereinafter referred to as "the permit area" and
described as:
Lot
(NUMBER) of the GRAND ISLAND – (SECTION OF GRAND ISLAND)
tract, a plat of which is on file in the office of the Forest
Supervisor;
The following improvements, whether on or
off the lot, are authorized in addition to the recreation
residence:
(IMPROVEMENTS ARE LISTED) .
TERMS
AND CONDITIONS
I.
GENERAL TERMS
A.
AUTHORITY.
This permit is issued pursuant to the Act of March 4, 1915,16
U.S.C. 497, 36 CFR Part 251, Subpart B, as amended, Forest Service
Manual (FSM) 1920, 1950, 2340, 2720, and 5410, Forest Service
Handbook (FSH) 2709.11, Chapters 10-50, and FSH 5409.12, Chapter
60, Grand Island Legislation, Public Law 101-292, May 1, 1990, and
is subject to their provisions. Copies of these regulations and
directives shall be provided by the authorized officer to the
holder at no charge upon request.
B.
AUTHORIZED OFFICER.
The authorized officer for this permit is the Forest or Grassland
Supervisor or a subordinate officer with delegated authority.
C.
AUTHORIZED USE.
This permit authorizes only noncommercial recreational use by the
holder's immediate family and the holder's non-paying guests,
other than incidental rental that has prior written approval from
the authorized officer pursuant to clause VII.A.
D.
TERM. This
permit shall expire at midnight on
(EXPIRATION DATE) ,
or upon the deaths of the holder and their spouse if any, or upon
the transfer of the ownership of the physical improvements to one
who is not a qualified holder. The permit shall be renewed
thereafter for successive 20-year periods for the purpose
authorized as long as the permit holder is in compliance with the
purpose of the Grand Island Management Plan and the Hiawatha
National Forest Land and Resource Management Plan and the terms of
this permit and other rules and regulations applicable to the
National Forest System.
E.
CHANGE IN ADDRESS, OWNERSHIP OF THE RECREATION RESIDENCE, OR THE
TRUSTEE.
The holder or the holder's executor or personal representative
shall immediately notify the authorized officer of a change in the
holder's permanent address.
F.
AMENDMENT.
This permit may be amended in whole or in part by the Forest
Service when, at the discretion of the authorized officer, such
action is deemed necessary or desirable to incorporate new terms
that may be required by law, regulation, the applicable land
management plan, or projects and activities implementing a land
management plan pursuant to 36 CFR Part 215.
G.
COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS.
In exercising the privileges granted by this permit, the holder
shall comply with all present and future federal laws and
regulations and all present and future state, county, and
municipal laws, regulations, and other legal requirements that
apply to the permit area, to the extent they do not conflict with
federal law, regulations, or policy. The Forest Service assumes no
responsibility for enforcing laws, regulations, and other legal
requirements that fall under the jurisdiction of other
governmental entities.
H.
NON-EXCLUSIVE USE. The
use and occupancy authorized by this permit are not exclusive. The
Forest Service reserves the right of access to the permit area,
including a continuing right of physical entry to the permit area
for inspection, monitoring, or any other purpose consistent with
any right or obligation of the United States under any law or
regulation.
II.
IMPROVEMENTS
A.
LIMITATIONS ON USE.
This permit authorizes only occupancy of a recreation residence.
Nothing in this permit gives or implies permission to build or
maintain any structure or improvement or to conduct any activity,
unless specifically authorized by this permit. Any use not
specifically authorized by this permit must be proposed in
accordance with 36 CFR 251.54. Approval of such a proposal through
issuance of a new permit or permit amendment is at the sole
discretion of the authorized officer. Improvements requiring
specific approval shall include but are not limited to signs,
fences, name plates, mailboxes, newspaper boxes, boathouses,
docks, pipelines, antennas, water and sewer facilities, and
storage sheds.
B.
PLANS.
All plans and revisions to plans for development, layout,
construction, reconstruction or alteration of improvements on the
authorized lot must be prepared by a licensed engineer, architect,
or landscape architect, in those states in which such licensing is
required, or other qualified individual acceptable to the
authorized officer. These plans and revisions to these plans must
be approved by the authorized officer before commencement of any
work.
III.
OPERATIONS
A.
OPERATING PLAN (Exhibit A).
The holder shall prepare an operating plan in consultation with
the authorized officer or the authorized officer's designated
representative. The operating plan shall cover all activities
authorized by this permit. The operating plan shall outline steps
the holder will take to protect public health and safety and the
environment and shall include sufficient detail and standards to
enable the Forest Service to monitor the holder's activities for
compliance with the terms and conditions of this permit. The
operating plan shall be submitted by the holder and approved by
the authorized officer or the authorized officer's designated
representative prior to commencement of authorized activities and
shall be attached to this permit as an appendix. The operating
plan shall, at a minimum, address requirements for the following:
1.
Maintenance of vegetation, tree planting, and removal of dangerous
trees and other unsafe conditions.
2. Maintenance of the
authorized improvements.
3. Size, placement and description
of authorized signs.
4. Removal of garbage.
5. Fire
protection.
6. Identification of the person responsible for
implementing the operating plan, if other than the holder, and a
list of the name, address, and telephone numbers of persons to
contact in the event of an emergency.
The
operating plan shall be revised as necessary when changes to the
authorized use are approved by the authorized officer.
B.
MINIMUM OCCUPANCY AND PROHIBITION ON FULL-TIME OCCUPANCY.
The permitted improvements shall be occupied at least 15 days each
year, unless otherwise authorized in writing, but shall not be
used as a full-time residence. Use of the permitted improvements
as a principal place of residence is prohibited and shall be
grounds for revocation of this permit.
C.
MAINTENANCE OF IMPROVEMENTS. The
holder shall maintain the authorized improvements and National
Forest System lands to standards of repair, orderliness, neatness,
sanitation, and safety acceptable to the authorized officer.
D.
INSPECTION OF THE PERMIT AREA.
The holder is responsible for inspecting the permit area,
authorized rights-of-way, and adjoining areas for dangerous trees,
hanging limbs, and other evidence of hazardous conditions that
could affect the authorized improvements or pose a risk to public
safety. After obtaining written approval from the authorized
officer, the holder shall remove these hazards at the holder's
expense.
E.
REMOVAL AND PLANTING OF VEGETATION.
This permit does not authorize the cutting of timber or other
vegetation. Trees, shrubs, grasses, and other plants may be
removed or destroyed only after the authorized officer or the
authorized officer's designated representative has approved in
writing and marked or otherwise identified what may be removed or
destroyed. Timber cut or destroyed shall be paid for at current
stumpage rates for similar timber in the National Forest. The
Forest Service reserves the right to dispose of the merchantable
timber to those other than the holder at no stumpage cost to the
holder. Unmerchantable material shall be disposed of as directed
by the authorized officer. Trees, shrubs, grasses, and other
plants may be planted within the permit area with prior written
approval of the authorized officer.
IV.
RIGHTS AND LIABILITIES
A.
LEGAL EFFECT OF THE PERMIT.
This permit, which is revocable and terminable, is not a contract
or a lease, but rather a federal license. The benefits and
requirements conferred by this authorization are reviewable solely
under the procedures set forth in 36 CFR Part 251, Subpart C, and
5 U.S.C. 704. This permit does not constitute a contract for
purposes of the Contract Disputes Act, 41 U.S.C. 601. The permit
is not real property, does not convey any interest in real
property, and may not be used as collateral for a loan.
B.
VALID OUTSTANDING RIGHTS.
This permit is subject to all valid outstanding rights. Valid
outstanding rights include those derived from mining and mineral
leasing laws of the United States. The United States is not liable
to the holder for the exercise of any such right.
C.
ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS.
The signatories of this permit do not intend to confer any rights
on any third party as a beneficiary under this permit.
D.
SERVICES NOT PROVIDED.
This permit is for the occupancy of land for the purposes stated
in this permit and does not provide for the furnishing of road
maintenance, water, fire protection, or any other such service by
a government agency, utility, association, or individual.
E.
RISK OF LOSS.
The holder assumes all risk of loss to the authorized
improvements. Loss to the authorized improvements may result from
but is not limited to theft, vandalism, fire and any fire-fighting
activities (including prescribed burns), avalanches, rising
waters, winds, falling limbs or trees, and acts of God. If
authorized improvements in the permit area are destroyed or
substantially damaged, the 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.
F.
DAMAGE TO UNITED STATES PROPERTY.
The holder has an affirmative duty to protect from damage the
land, property, and other interests of the United States. Damage
includes but is not limited to fire suppression costs, and all
costs and damages associated with or resulting from the release or
threatened release of a hazardous material occurring during or as
a result of activities of the holder or the holder's heirs,
assigns, agents, employees, contractors, or lessees on, or related
to, the lands, property, and other interests covered by this
permit. For purposes of clauses IV.G and section V, "hazardous
material" shall mean (a) any hazardous substance under
section 101(14) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601(14); (b)
any pollutant or contaminant under section 101(33) of CERCLA, 42
U.S.C. 9601(33); (c) any petroleum product or its derivative,
including fuel oil, and waste oils; and (d) any hazardous
substance, extremely hazardous substance, toxic substance,
hazardous waste, ignitable, reactive or corrosive materials,
pollutant, contaminant, element, compound, mixture, solution or
substance that may pose a present or potential hazard to human
health or the environment under any applicable environmental laws.
1.
The holder shall avoid damaging or contaminating the environment,
including but not limited to the soil, vegetation (such as trees,
shrubs, and grass), surface water, and groundwater, during the
holder's use and occupancy of the permit area. If the environment
or any government property covered by this permit becomes damaged
during the holder's use and occupancy of the permit area, the
holder shall immediately repair the damage or replace the damaged
items to the satisfaction of the authorized officer and at no
expense to the United States.
2. The holder shall be
liable for all injury, loss, or damage, including fire suppression
or other costs in connection with rehabilitation or restoration of
natural resources, associated with the holder's use and occupancy
of the permit area. Compensation shall include but is not limited
to the value of resources damaged or destroyed, the costs of
restoration, cleanup, or other mitigation, fire suppression or
other types of abatement costs, and all associated administrative,
legal (including attorney's fees), and other costs.
3.
The holder shall be liable for damage caused by use of the holder
or the holder's heirs, assigns, agents, employees, contractors, or
lessees to all roads and trails of the United States that are open
to public use to the same extent as provided under clause IV.G.1,
except that liability shall not include reasonable and ordinary
wear and tear.
G.
HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION.
The holder shall take all measures necessary to protect the
environment, natural resources, and the health and safety of all
persons affected by the use and occupancy authorized by this
permit. The holder shall promptly abate as completely as possible
and in compliance with all applicable laws and regulations any
physical or mechanical procedure, activity, event, or condition
existing or occurring before, during, or after the term of this
permit and arising out of or relating to any activity, event, or
condition existing or occurring during the term of this permit
that causes or threatens to cause a hazard to the health or safety
of the public or the holder's employees or agents or harm to the
environment (including areas of vegetation or timber, fish, or
other wildlife populations, their habitats, or any other natural
resources). The holder shall immediately notify the authorized
officer of all serious accidents that occur in connection with
these activities, events, or conditions. The holder has sole
responsibility to protect the health and safety of all persons
affected by the use and occupancy authorized by this permit. The
Forest Service has no duty under the terms of this permit to
inspect the permit area or operations of the holder for hazardous
conditions or compliance with health and safety standards.
H.
INDEMNIFICATION.
The holder shall indemnify, defend, and hold harmless the United
States for any costs, damages, claims, liabilities, and judgments
arising from past, present, and future acts or omissions of the
holder in connection with the use and occupancy authorized by this
permit. This indemnification and hold harmless provision includes
but is not limited to acts and omissions of the holder or the
holder's family, guests, invitees, heirs, assignees, agents,
employees, contractors, or lessees in connection with the use and
occupancy authorized by this permit which result in (1) violations
of any laws and regulations which are now or which may become
applicable, including but not limited to those environmental laws
listed in clause V.A of this permit; (2) judgments, claims,
demands, penalties, or fees assessed against the United States;
(3) costs, expenses, and damages incurred by the United States; or
(4) the release or threatened release of any hazardous material
into the environment. The authorized officer may prescribe terms
that allow the holder to replace, repair, restore, or otherwise
undertake necessary curative actions to mitigate damages in
addition to or as an alternative to monetary indemnification.
V.
RESOURCE PROTECTION
A.
COMPLIANCE WITH ENVIRONMENTAL LAWS.
The holder shall in connection with the use and occupancy
authorized by this permit comply with all applicable federal,
state, and local environmental laws and regulations, including but
not limited to those established pursuant to the Resource
Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq.,
the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq., the Oil Pollution Act, as amended, 33 U.S.C. 2701 et
seq., the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., the
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), as amended, 42 U.S.C. 9601 et seq., the Toxic
Substances Control Act, as amended, 15 U.S.C. 2601 et seq., the
Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7
U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended,
42 U.S.C. 300f et seq.
B.
WATER POLLUTION. No
waste or by-product shall be discharged into water if it contains
any substance in concentrations which will result in harm to fish
and wildlife, or to human water supplies. Storage facilities for
materials capable of causing water pollution, if accidentally
discharged, shall be located so as to prevent any spillage into
waters or channels leading into water that would result in harm to
fish and wildlife or to human water supplies.
C.
ESTHETICS.
The holder shall protect the scenic esthetic values of the permit
area and the adjacent land to the greatest extent possible during
construction, operation, and maintenance of the authorized
improvements.
D.
VANDALISM.
The holder shall take reasonable measures to prevent and
discourage vandalism and disorderly conduct and when necessary
shall contact the appropriate law enforcement officer to address
these problems.
E.
PESTICIDE USE.
Pesticides may not be used outside of buildings to control
undesirable woody and herbaceous vegetation (including aquatic
plants), insects, rodents, or fish without the prior written
approval of the authorized officer. A request for approval of
planned uses of pesticides shall be submitted annually by the
holder on the due date established by the authorized officer. The
report shall cover a 12-month period of planned use beginning 3
months after the reporting date. Information essential for review
shall be provided in the form specified. Exceptions to this
schedule may be allowed, subject to emergency request and
approval, only when unexpected outbreaks of pests require control
measures which were not anticipated at the time an annual report
was submitted. Only those materials registered by the U.S.
Environmental Protection Agency for the specific purpose planned
shall be authorized for use on National Forest System lands. Label
instructions and all applicable laws and regulations shall be
strictly followed in the application of pesticides and disposal of
excess materials and containers.
F.
ARCHAEOLOGICAL-PALEONTOLOGICAL DISCOVERIES.
The holder shall immediately notify the authorized officer of all
antiquities or other objects of historic or scientific interest,
including but not limited to historic or prehistoric ruins,
fossils, or artifacts discovered in connection with the use and
occupancy authorized by this permit. The holder shall leave such
discoveries intact and in place until directed otherwise by the
authorized officer. Protective and mitigative measures specified
by the authorized officer shall be the responsibility of the
holder.
G.
NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION.
In accordance with 25 U.S.C. 3002 (d) and 43 CFR 10.4, if the
holder inadvertently discovers human remains, funerary objects,
sacred objects, or objects of cultural patrimony on National
Forest System lands, the holder shall immediately cease work in
the area of the discovery and shall make a reasonable effort to
protect and secure the items. The holder shall immediately notify
the authorized officer by telephone of the discovery and shall
follow up with written confirmation of the discovery. The activity
that resulted in the inadvertent discovery may not resume until 30
days after the authorized officer certifies receipt of the written
confirmation, if resumption of the activity is otherwise lawful,
or at any time if a binding written agreement has been executed
between the Forest Service and the affiliated Indian tribes that
adopts a recovery plan for the human remains and objects.
H.
PROTECTION OF HABITAT OF THREATENED, ENDANGERED, AND SENSITIVE
SPECIES.
The location of sites within the permit area needing special
measures for protection of plants or animals listed as threatened
or endangered under the Endangered Species Act (ESA), 16 U.S.C.
531 et seq., as amended, or as sensitive by the Regional Forester
under FSM 2670, pursuant to consultation conducted under section 7
of the ESA, may be identified on the ground or shown on a separate
map. The map shall be attached to this permit as an appendix. The
holder shall take any protective and mitigative measures specified
by the authorized officer. If protective and mitigative measures
prove inadequate, if other sites within the permit area containing
threatened, endangered, or sensitive species are discovered, or if
new species are listed as federally threatened or endangered under
the ESA or as sensitive by the Regional Forester under the FSM,
the authorized officer may specify additional protective and
mitigative measures. Discovery of these sites by the holder or the
Forest Service shall be promptly reported to the other party.
I.
CLEANUP AND REMEDIATION
1.
The holder shall immediately notify all appropriate response
authorities, including the National Response Center and the Forest
Service authorized officer or the authorized officer's designated
representative, of any oil discharge or of the release of a
hazardous substance in the permit area in an amount greater than
or equal to its reportable quantity, in accordance with 33 CFR
Part 153, Subpart B, and 40 CFR Part 302. For the purposes of this
requirement, "oil" is defined by section 311(a)(1) of
the Clean Water Act, 33 U.S.C. 1321(a)(1). The holder shall
immediately notify the authorized officer or the authorized
officer's designated representative of any release or threatened
release of any hazardous material in or near the permit area which
may be harmful to public health or welfare or which may adversely
affect natural resources on federal lands.
2. Except
with respect to any federally permitted release as that term is
defined under section 101(10) of CERCLA, 42 U.S.C. 9601(10), the
holder shall clean up or otherwise remediate any release, threat
of release, or discharge of hazardous materials that occurs either
in the permit area or in connection with the holder's activities
in the permit area, regardless of whether those activities are
authorized under this permit. The holder shall perform cleanup or
remediation immediately upon discovery of the release, threat of
release, or discharge of hazardous materials. The holder shall
perform the cleanup or remediation to the satisfaction of the
authorized officer and at no expense to the United States. Upon
revocation or termination of this permit, the holder shall deliver
the permit area to the Forest Service free and clear of
contamination.
J.
WATER WELLS AND ASSOCIATED PIPELINES
1.
Other
Jurisdictional Requirements.
Clause IV.D governs water rights and water facilities. The holder
shall obtain all required state and local water permits, licenses,
registrations, certificates, or rights and shall provide a copy of
them to the authorized officer. For new wells, this information
shall be provided prior to disturbing National Forest System lands
for the purpose of water use or development.
2.
Well
Construction or Development.
For new or reconstruction of existing wells, the holder shall
prepare a well construction and development plan and submit it to
the authorized officer for approval. The well development and
construction plan must have prior written approval from the
authorized officer before well construction or development is
initiated. The holder shall follow applicable federal, state, and
local standards for design, construction, and development of new
wells or reconstruction of existing wells. If such standards do
not exist, the holder shall follow applicable standards issued by
the American Society for Testing and Materials (ASTM), American
Water Works Association (AWWA), or National Ground Water
Association (NGWA). The construction and development plan must
identify all potential sources for any proposed water injection
during well construction or development. Only non-chlorinated,
potable water may be injected during construction or development
of wells to be used for monitoring or water withdrawal. Copies of
all documentation for drilling, constructing, or developing wells,
including all drilling, boring, and well construction logs, shall
be provided to the authorized officer within 60 days of completion
of work.
3. Water
Conservation Plan.
The holder shall prepare and submit for written approval by the
authorized officer a water conservation plan utilizing appropriate
strategies to limit the amount of water removed from National
Forest System lands.
4. Well
Decommissioning.
The holder shall properly decommission and abandon all wells that
are no longer needed or maintained in accordance with applicable
federal, state, and local standards for water well abandonment. If
such standards do not exist, the holder shall follow applicable
standards issued by the ASTM, AWWA, or NGWA. At least 30 days
prior to initiation of well decommissioning, the holder shall
submit a well decommissioning plan to the authorized officer. The
well decommissioning plan shall have written approval from the
authorized officer before well decommissioning is initiated. All
documentation of well decommissioning shall be provided to the
authorized officer within 60 days of completion of the work.
VI.
BASE CABIN USER FEES AND DEBT COLLECTION
A.
BASE CABIN USER FEE.
The base cabin user fee shall be equal to 5% of the appraised
market value of the recreation residence lot. The base cabin user
fee for the first year of this permit shall be
(BASE FEE)
and shall be due on
(DUE DATE) .
For purposes of determining the base cabin user fee after the
first year of this permit, the initial and any subsequent
appraised value of the recreation residence lot shall be adjusted
by the percentage of change in the Implicit Price Deflator-Gross
Domestic Product (IPD-GDP) from the second quarter of the previous
year to the second quarter of the current year. An annual
adjustment to the base cabin user fee shall be no more than 5% in
any year. When the annual percentage of change in the IPD-GDP
would result in an annual adjustment of more than 5%, apply the
amount of the adjustment in excess of 5% to the annual fee payment
for the next year in which the percentage of change in the IPD-GDP
is less than 5%.
B.
NEW BASE CABIN USER FEE. The
authorized officer shall notify the holder in writing at least 1
year before implementing a new base cabin user fee based on a
subsequent appraisal performed pursuant to clause VI.D. The holder
shall be required to pay the full amount of the new base cabin
user fee if it results in an increase of 100% or less from the
amount of the most recent base cabin user fee assessed the holder.
When the new base cabin user fee results in an increase of more
than 100% from the amount of the most recent base cabin user fee
assessed the holder, one-third of the increase will be added to
the base cabin user fee for the next 3 years. Annual adjustments
also shall be included in the base cabin user fee as appropriate
pursuant to clause VI.A.
C.
SPECIAL MANAGEMENT REQUIREMENTS
1.
This permit shall be issued for an initial period of 20 years and
shall be renewed thereafter for successive 20-year periods as long
as the holder is in compliance with the purposes of the Grand
Island Act (Public Law 101-292), the terms of this permit, and
applicable regulations.
2.
If the authorized office determines that the recreation lot
cannot be safely occupied because of an act of God or other
catastrophic event, the base user fee obligation of the holder
shall terminate as of the date the act or event occurred. A
prorated portion of the annual base cabin user fee reflecting the
remainder of the current billing period from the date of the act
or event occurred shall be refunded to the holder, provided that
the holder is authorized to occupy an in-lieu lot, the prorated
amount shall be accredited to the annual base cabin user fee for
the permit for the in-lieu lot.
D.
APPRAISALS
1.
Appraisals to ascertain the market value of the recreation
residence lot shall be conducted by the Forest Service at least
every 10 years. The next appraisal shall be procured by the Forest
Service in time to implement the base cabin user fee by
(DATE OF NEW BASE FEE IMPLEMENTATION) .
2.
Appraisals shall be prepared consistent with FSM 5410 and FSH
5409.12, Chapter 60.
3. If dissatisfied with an
appraisal report used by the Forest Service to determine the base
cabin user fee, the holder must notify the authorized officer
within 60 days of the holder's intent to obtain a second appraisal
report. If a request for a second appraisal report is submitted,
the holder has one year following receipt of the notice of the
determination of a new base cabin user fee to obtain, at the
holder's expense, a second appraisal report using the same typical
lot and date of value as the original appraisal report and based
on all other relevant factors. The appraiser selected by the
holder shall have qualifications equivalent to the appraiser who
conducted the original appraisal and must be approved in advance
by the assigned Forest Service review appraiser. The second
appraisal report shall meet the appraisal guidelines enumerated in
FSH 5409.12, Chapter 60. The holder's appraiser shall notify the
Forest Service review appraiser of any material differences of
fact or opinion between the initial and second appraisal reports.
If the holder chooses to have the second appraisal report reviewed
by the Forest Service, the holder shall submit a request for
review by a Forest Service appraiser within 60 days of receipt of
the second appraisal report. Within 60 days of receipt of the
request, the authorized officer shall:
a. Review the
initial and second appraisal reports and their corresponding
review reports;
b. Determine a new base cabin user fee
in an amount that is equal to the base cabin user fee determined
by the initial or second appraisal or within the range of values,
if any, between the initial and second appraisals; and
c.
Notify the holder of the new base cabin user fee.
E.
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.
Base cabin user fees are due and payable by the due date. Disputed
fees must be paid in full. Adjustments will be made if dictated by
an administrative appeal decision, a court decision, or settlement
terms.
3. Late
Payments
(a)
Interest.
Pursuant
to
31 U.S.C. 3717 et seq., interest shall be charged on any base
cabin user fee 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 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.
F.
NONPAYMENT.
Failure of the holder to make timely payments, pay interest
charges, or any other charges when due shall be grounds for
revocation of this permit.
G.
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:
1.
Administrative offset of payments due the holder from the Forest
Service.
2. If in excess of 60 days, referral to the
Department of the Treasury for appropriate collection action as
provided by 31 U.S.C. 3711(g)(1).
3. Offset by the
Secretary of the Treasury of any amount due the holder, as
provided by 31 U.S.C. 3720 et seq.
4. Disclosure to
consumer or commercial credit reporting agencies.
VII.
RENTAL, NON-TRANSFERABILITY, AND SALE
A.
INCIDENTAL RENTAL.
With prior written approval from the authorized officer, the
holder may rent the recreation residence covered by this permit
for a limited number of short, specific periods for recreational
purposes, provided the rental does not change the character or use
of the authorized improvements from noncommercial to commercial.
The rental agreement must be in writing and must provide that the
holder remains responsible for compliance with all the terms of
this permit. A copy of the rental agreement shall be provided to
the authorized officer.
B.
NONTRANSFERABILITY.
This permit is not transferable. A purchaser or transferee of the
recreation residence covered by this permit must apply for and
obtain a new permit from the Forest Service. This permit is
issuable only to a qualified holder which is the owner of the
permitted improvements, the owner’s spouse, the children and
grandchildren of that owner and spouses and their direct lineal
descendants (natural or adopted offspring) thereafter (Grand
Island Legislation Sec 3 (b) (8) (A)).
C.
PROSPECTIVE PURCHASERS AND TRANSFEREES.
When the holder is contemplating a sale of the recreation
residence authorized by this permit, the holder shall notify the
authorized officer and provide a copy of this permit to the
prospective purchaser or transferee. The holder shall not
represent that the Forest Service will issue a new permit to the
prospective purchaser or transferee. Any purchaser or transferee
must apply for and obtain a new permit from the Forest
Service.
VIII.
REVOCATION, SUSPENSION, AND TERMINATION
A.
REVOCATION AND SUSPENSION.
The authorized officer may revoke or suspend this permit in whole
or in part:
1.
For noncompliance with federal, state or local law.
2. For
noncompliance with the terms and conditions of this permit.
3.
For abandonment or other failure of the holder to exercise the
privileges granted.
4. With the consent of the holder.
5.
For specific and compelling reasons in the public interest.
Prior
to revocation or suspension, other than immediate suspension under
clause VIII.C, the authorized officer shall give the holder
written notice of the grounds for revocation or suspension. In the
case of revocation or suspension based on clause VIII.A.1, 2, or
3, the authorized officer shall give the holder a reasonable
period, not to exceed 90 days, to cure any noncompliance.
B.
REVOCATION FOR SPECIFIC AND COMPELLING REASONS IN THE PUBLIC
INTEREST
1.
If during the term of this permit the authorized officer
determines that specific and compelling reasons in the public
interest require revocation of this permit, this permit shall be
revoked after 180 days written notice to the holder, provided that
the authorized officer may prescribe a shorter notice period if
justified by the public interest. The Forest Service shall then
have the right to purchase the holder's authorized improvements,
relocate the holder's authorized improvements to another lot, or
to require the holder to relocate or remove them. The Forest
Service shall be obligated to pay the lesser of (1) the cost of
relocation and damages resulting from their relocation that are
caused by the Forest Service or (2) the value of the authorized
improvements as determined by the Forest Service through an
appraisal of their replacement cost, less an allowance for
physical depreciation. If that amount is fixed by mutual agreement
between the authorized officer and the holder, that amount shall
be accepted by the holder in full satisfaction of all claims
against the United States under this clause. If mutual agreement
is not reached, the authorized officer shall determine the amount
to be paid, which shall become part of the revocation decision. A
payment made pursuant to this clause is subject to the
availability of appropriations. Nothing in this permit implies
that Congress will appropriate funds to cover a deficiency in
appropriations.
2. If revocation in the public
interest occurs after the holder has received notification that a
new permit will not be issued following expiration of this permit,
the amount of damages shall be adjusted as of the date of
revocation by multiplying the replacement cost by a fraction which
has as the numerator the number of full months remaining in the
term of the permit as of the date of revocation (measured from the
date of the revocation notice) and as the denominator the total
number of months in the original term of this permit.
C.
IMMEDIATE SUSPENSION.
The authorized officer may immediately suspend this permit in
whole or in part when necessary to protect public health or safety
or the environment. The suspension decision shall be in writing.
The holder may request an on-site review with the authorized
officer's supervisor of the adverse conditions prompting the
suspension. The authorized officer's supervisor shall grant this
request within 48 hours. Following the on-site review, the
authorized officer's supervisor shall promptly affirm, modify, or
cancel the suspension.
D.
APPEALS AND REMEDIES.
Written decisions made by the authorized officer relating to
administration of this permit are subject to appeal pursuant to 36
CFR Part 251, Subpart C, as amended. Revocation or suspension of
this permit shall not give rise to any claim for damages by the
holder against the Forest Service, other than as provided in
clause VIII.B.
E.
TERMINATION. This
permit shall terminate when by its terms a fixed or agreed upon
condition, event, or time occurs without any action by the
authorized officer. Examples include but are not limited to
expiration of the permit by its terms on a specified date and
termination upon a change in ownership of the authorized
improvements. Termination of this permit is not subject to
administrative appeal and shall not give rise to any claim for
damages by the holder against the Forest Service.
1.
Termination
Upon Change in Ownership.
If the holder through voluntary sale, transfer, enforcement of
contract, foreclosure, or other legal proceeding ceases to be the
owner of the authorized improvements, this permit shall terminate.
If the person who acquires title to the improvements is qualified
to be a holder under applicable regulations and Forest Service
directives, that person shall be granted a new permit for the
remainder of the term of this permit.
2. Termination
of a Permit Issued to a Husband and Wife or an Individual Upon
Their Death
a.
Married
Couple.
If the holder of this permit is a married couple and one spouse
dies, the permit shall remain in effect, without amendment or
revision, in the name of the surviving spouse.
b.
Individual
or Surviving Spouse.
If the holder of this permit is an individual or a surviving
spouse and the holder dies, this permit shall terminate. Pending
settlement of the holder's estate, an annual renewable permit,
using form FS-2700-4, shall be issued to the executor or personal
representative of the holder's estate. Upon settlement of the
estate, the authorized officer shall issue a new permit, updated
as necessary to reflect Forest Service policy changes, to a
qualified heir or devisee for the remainder of the term of this
permit. To qualify, an heir or a devisee must be one individual 21
years of age or older or a husband and wife who have title to the
recreation residence authorized by this permit, as shown by a
court order, bill of sale, recorded will, or other legally
sufficient documentation.
3.
More
than one holder of the permit.
If there is more than one holder of this permit and one holder
dies, this permit will continue without amendment or revision for
the remainder of the 20-year period or until the deaths of the
surviving holder and spouse and the surviving spouse of the
deceased holder, if any. (Whichever event is first). During this
period, the permit shall be in the name of the surviving holder
and spouse, if any, and the surviving spouse of the deceased
holder, if any, or if there is not a surviving spouse of the
deceased holder, the eligible family member(s) (children,
stepchildren, grandchildren of such owner and spouse, and their
direct lineal descendants natural or adopted off-spring of the
deceased holder as shown by an order of a court, Bill of Sale, or
other evidence to be the owner of the improvements. If there are
no eligible family members at this time, this permit shall be
terminated (Grand Island Legislation Section 3 (B) (8) (A)).
IX.
CONTINUATION OF THE AUTHORIZED USE UPON EXPIRATION OF THE
PERMIT
A.
NEW TERMS AND CONDITIONS.
In issuing a new permit, the authorized officer shall include
terms and conditions that reflect new requirements imposed by
current federal and state land use plans, laws, regulations, or
other management decisions.
B.
NEW PERMIT TO ACCOMMODATE 10-YEAR CONTINUED OCCUPANCY.
If the 10-year continued occupancy given a holder who receives
notification that a new permit will not be issued would extend
beyond the expiration date of the current permit, a new term
permit shall be issued for the remaining portion of the 10-year
period.
X.
RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT
RENEWAL
A.
REMOVAL OF IMPROVEMENTS.
Except
as provided in clause VIII-B, upon revocation of this permit or
termination of this permit without renewal of the authorized use,
the authorized officer has the discretion to require the holder to
sell or remove all structures and improvements, except those owned
by the United States, within 1-year 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 1-year, they
shall become the property of the United States and may be sold,
destroyed, or otherwise disposed of without any liability to the
United States. However, the holder shall remain liable for all
costs associated with their removal, including costs of sale and
impoundment, cleanup, and restoration of the permit area.
B.
OFFER OF AN IN-LIEU LOT.
Upon revocation (other than revocation for noncompliance) or upon
notification that a new permit will not be issued after expiration
of this permit, the authorized officer may offer an in-lieu lot,
if available, to the holder for building or relocating a
recreation residence. An in-lieu lot must be in a location that is
consistent with the applicable land management plan in the same
National Forest as the authorized improvements or in an adjacent
National Forest. An offer of an in-lieu lot must be accepted
within 90 days or within 90 days of final disposition of
administrative appeal of the revocation decision, termination when
rebuilding is not allowed, or notification that a new permit will
not be issued upon permit expiration, whichever is later, or the
offer will expire.
XI.
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.
SUPERSEDED PERMIT.
This permit replaces a special use permit issued to:
(NAME) , (PREVIOUS PERMIT #)
,
on
(DATE OF PREVIOUS PERMIT) .
C.
DISCLAIMER REGARDING TITLE.
Issuance of this permit shall not be construed as an admission by
the United States as to the title to any of the authorized
improvements. The United States disclaims any liability for
issuance of a permit in the event of disputed title.
D.
RULES OF CONSTRUCTION
1.
If there is a conflict between the foregoing standard printed
clauses and any clauses added to the permit, the standard printed
clauses shall control.
THIS
PERMIT IS ACCEPTED SUBJECT TO ALL ITS TERMS AND
CONDITIONS.
ACCEPTED:
_____________________________________________
(HOLDER NAME)
|
______________________
SIGNATURE
|
______________________
DATE
|
_____________________________________________
(HOLDER NAME)
|
______________________
SIGNATURE
|
______________________
DATE
|
|