2709.11_10
Page 1 of 33
FOREST SERVICE HANDBOOK
NORTHERN REGION (REGION 1)
MISSOULA, MT
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
Supplement No.: 2709.11-2004-5
Effective Date: November 3, 2004
Duration: This supplement is effective until superseded or removed.
Approved: KATHLEEN A. MCALLISTER FOR
ABIGAIL R. KIMBELL
Regional Forester
Date Approved: 10/25/2004
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document; remove the entire document and replace it with this
supplement. Retain this transmittal as the first page(s) of this document. The last supplement to
this Handbook was 2709.11-2004-4, to chapter 30.
New Document
2709.11_10
Superseded Document(s) by
Issuance Number and
Effective Date
!2709.11-94-1 Transmittal (R1 Supp. 2709.11-94-1, 7/14/94)
2709.11, 11-14 (R1 Supp. 2709.11-94-1, 7/14/94)
2709.11, 15-15.12 (R1 Supp. 2709.11-94-1, 7/14/94)
2709.11, 15 ex. 01-03 (R1 Supp. 2709.11-94-1, 7/14/94)
2709.11, 15.12 ex. 01-02 (R1 Supp. 2709.11-94-1, 7/14/94)
2709.11, 15.12 ex. 02a-03 (R1 Supp. 2709.11-94-1, 7/14/94)
2709.11, 15.4-15.42 (R1 Supp. 2709.11-94-1, 7/14/94)
33 Pages
1 Page
8 Pages
10 Pages
3 Pages
6 Pages
4 Pages
12 Pages
Digest:
10 – Revises captions and coding throughout to conform to parent text. Updates style, format,
and content to conform to parent text. Removes material now covered in parent text or no longer
needed. For example, most of the direction in former sections 11 through 14 is now superceded
by the proposal and application screening regulation published in 1998 (36 CFR 251.54) and the
current parent text in sections 11 and 12. Removes direction specific to grizzly bear
(“Endangered Species Act Situations,” formerly at sections 11.1 and 15.42) and pesticides
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 2 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
(formerly at section 14.12) because those are two of many issues that are addressed through
Forest Plan consistency and NEPA analysis required of all projects. Removes direction
regarding Land Use Grant Instruments, which are no longer acceptable as authorization formats
for new or amended uses (R1 Supplement to FSM 2711). Removes obsolete cross references
and guidance regarding “Engineering Considerations” formerly at section 15.
12.11a – Recodes and expands in paragraph 1d direction on proof of ownership formerly at
section 13.2.
12.32b – Adds new guidance for rejecting proposals when the proponent has a criminal
conviction or pending criminal charges relevant to the proposed use.
12.32c – Adds new guidance for assuring that a person signing an authorization for a nonindividual entity is duly authorized to sign for that entity.
12.5 – Adds cross reference for cultural resources permit application requirements.
12.52 – Revises direction on collection agreements formerly at section 11, “Applicant
Performance.” Adds direction for Mineral Leasing Act cost reimbursement and third party
contracting in controversial situations.
14 – Recodes and revises direction for consolidated authorizations, master authorizations, and
right-of-way management plans formerly at section 15. Adds cross-reference to R1 Supplement
to FSM 2704.33 for required pre-approval reviews.
14.1 – Expands paragraph 1d to provide minimum requirements for Location Exhibits. Revises
direction for legal descriptions, updates cross references, revises direction for map specifications
formerly captioned, “Special-use Authorization Attachments” and “Special-use Plat
Specifications” (formerly sec. 15). Expands paragraph 2 for clarification that authorizations may
be issued to married couples, trusts, and groups, and to include direction regarding multiple
owners formerly at section 15, “Holder Designations.”
14.2 – Recodes and updates civil rights compliance direction formerly at section 15.41.
14.3 – Moves policy and responsibility statements formerly at section 15.42 to the Manual (FSM
2713.1). Moves detailed guidance formerly at FSM 2713.1 to the Handbook. Recodes and
reformats with minor editorial changes the insurance and liability guidance formerly at section
15.42. Expands guidance for insurance policy review and adds review checklists as new
exhibit 07.
19 – Provides corrections to the parent text exhibit for authority and maximum term for certain
uses.
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 3 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
12 – RESPONDING TO PROPOSALS SUBJECT TO INITIAL AND SECOND-LEVEL
SCREENING
12.1 – Pre-Application Meeting
12.11 – Contents of Proposals
12.11a – Proposals for All Special Uses Other Than Noncommercial Group Use
1. Proposals for special uses, other than noncommercial group use, must contain at a
minimum (36 CFR 251.54(d)(2)(ii)):
d. For proposals involving existing facilities, businesses, or access to private
property, documentation verifying that the proponent is the owner or “effective
owner” (FSM 2716.1). Examples of acceptable documents include “Bill of Sale,”
“Decree of Distribution,” recorded purchase contract, and title.
12.3 – Second-Level Screening of Proposals
12.32 – Criteria for Second-Level Screening of Proposals
12.32b – Financial and Technical Capability
The proponent may be deemed unqualified, and therefore the proposal may be rejected, if the
proponent has a criminal record or pending criminal charges, which are directly relevant to the
proposed use or bear upon the proponent’s character in the conduct of business or service
activities. For example, conviction or unresolved charges of violation of State or Federal fish
and wildlife laws could be grounds for rejecting a proposal for an outfitter and guide permit. A
conviction for fraud could be grounds for rejecting a proposal for a concession authorization.
The authorized officer should consult with the Regional Office and perhaps the Office of the
General Counsel when considering pending criminal charges as the sole basis for rejecting a
proposal.
12.32c – Signature and Acceptance of Responsibility
Except for individuals (which includes married couples), the holder should provide verification
that the person(s) signing the authorization for the holder is (are) duly authorized to do so.
Verification may be accomplished through a corporate secretary attestation, as provided for on
the corporate signature page of Form FS-2700-4 (5/03). In other cases, the holder should
provide other documentation, such as a copy of a resolution from a board of directors, a letter
including an attestation from the corporate secretary or the legal equivalent, a copy of agency
delegation of authority documentation, or similar evidence.
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 4 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
12.5 – Acceptance of Written Applications for Proposals That Meet Initial and
Second-Level Screening Criteria
See FSH 2709.11, section 44.4 for additional application requirements for cultural resources
permits.
12.52 – Environmental Analysis
4. Applicants for uses that would be authorized under Mineral Leasing Act (MLA)
authority must reimburse the Forest Service for administrative and other costs incurred in
processing the application (FSM 2726.31d). No collection agreement is required for billing
MLA cost reimbursement.
5. Until cost recovery regulations are adopted (FSH 2709.11, sec. 31.32), applicants for
non-MLA uses may enter into voluntary collection agreements (FSM 1584) with the Forest
Service to fund Forest Service administrative expenses.
6. While it is generally preferred that the applicant directly provide or directly contract
for the provision of information required for the environmental analysis, in highly controversial
proposals it may be appropriate for the Forest Service to contract third parties for such services,
while the applicant reimburses the Forest Service for those costs.
14 – PREPARING AND ISSUING AUTHORIZATIONS
1. Consolidate Related Uses in a Single Authorization. Uses of different types
authorized to the same holder may be consolidated in a single authorization when each additional
use is clearly ancillary to a primary use or activity. When deciding whether to consolidate uses
or issue separate authorizations for related uses, consider the following:
a. Consolidation should simplify, not complicate special-use administration.
b. All mandatory clauses for each use designation (sec. 51.3) must be included in a
consolidated authorization.
c. Unless exempt, fees must be calculated for each use in a consolidated
authorization. See sections 31.22, paragraph 11, and 36.42 for additional direction
for consolidated authorization fees.
d. Road rights-of-way authorizations are generally issued on standard forms with
terms and conditions tailored for road uses (sec. 53). When a private road exclusively
accesses another authorized use (for example, a driveway serving a recreation
residence), it may be appropriate to consolidate the road as a secondary use. In such
cases, include any relevant clauses from the standard road authorization form, and
when appropriate, include an operation and maintenance plan for the road. When the
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 5 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
road is not used exclusively to access the primary use, issue a separate authorization
for the road.
When consolidating uses in a single authorization, identify the primary use and secondary uses
on the face of the authorization (purpose statement) and in the Special Use Data System (SUDS)
record of the authorization.
2. Master Authorizations. Rights-of-way systems and networks, or portions thereof, for
roads, pipelines, water transmission, powerlines, or telephone lines may be consolidated under
master authorizations subject to the following guidelines.
a. Improvements and facilities directly ancillary to the system or network considered
the primary use, and owned and operated by the holder, may be consolidated in a
master authorization (see para. 1). Examples are switchyards, transformer banks, and
similar powerline components located along and adjacent to a powerline right-ofway. Short segment or spur-type private purpose roads used exclusively for access to
other system or network facilities may also qualify as a secondary use. However,
where road networks are more extensive than occasional spurs, a separate or master
authorization should be prepared for the road system.
b. Master authorizations should only authorize operation and maintenance, not
construction. Construction of new facilities should be authorized by a separate permit
that terminates when construction is complete. The newly constructed facilities and
improvements may then be amended into the appropriate master authorization for
operation and maintenance.
c. Master authorizations for activities or projects involving multiple Forests or
Grasslands may be delegated to a lead Forest or Grassland on a case-by-case basis
(FSM 2704.32, para. 4). The lead Forest or Grassland shall, in consultation with
participating Forests and Grasslands, issue the authorization and all amendments, and
shall collect all fees. Unless agreed otherwise, participating Forests and Grasslands
shall remain responsible for other administrative actions for uses on their respective
units, including: responding to proposals for new uses (sec. 12), approving project
plans, monitoring authorized activities, conducting inspections on behalf of the
authorized officer, and all other customary field administration duties.
3. Regional Office Review: See R1 Supplement to FSM 2704.33, paragraphs 1 and 2,
for situations requiring Regional Office review before issuing certain authorizations.
4. Construction, Operation and Maintenance, and Right-of-Way Management Plans:
The purpose of construction, operation and maintenance, and right-of-way management plans is
to protect National Forest System (NFS) land and resources affected by the holder’s activities.
These plans may address case-specific terms and conditions as extensions of or in addition to
standard authorization clauses. When needed, such plans should be prepared by the holder,
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 6 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
approved by the authorized officer, and attached as exhibits to the authorization. When doing so,
insert or amend a statement similar to the following into an appropriate paragraph on the face of
the authorization:
“subject to the conditions set out below and to the Operation and Maintenance plan
labeled “Exhibit __” attached to and made a part of this authorization.”
Construction plans are generally short-lived, developed to specify mitigation measures to be
applied during construction only. Operation and maintenance plans are generally in effect
throughout the tenure of the authorization, applying to ongoing activities required of, or by, the
holder. Right-of-way management plans are a type of operation and maintenance plan usually
developed for major linear rights-of-way such as powerlines, pipelines, and highways. Right-ofway management plans generally coordinate the holder’s vegetation management with the goals
and objectives of NFS resource management in the areas crossed by the right-of-way. Right-ofway management plans are recommended for all electric transmission lines of 115 kV or larger
and for highways in special management areas. Such plans are appropriate for all other rightsof-way other than the most minor, and may otherwise be required at the authorized officer's
discretion.
In practice, the distinction between these types of plans can become blurred, and a single plan
can be developed to accomplish multiple objectives. When developing such plans, the
authorized officer and the holder should participate in joint field reviews to assure mutual
understanding of objectives, needs, and potential management practices. Involve people from
appropriate working levels in joint preparation or revision of the plan to reinforce mutual
understanding, commitment, and accomplishment. Some plans may be simple, single-page
documents while others may be quite lengthy. Consider the following guidelines when
developing such plans.
a. Plan Content: These plans should be detailed working documents, tailored to the
scope and particular circumstances of a specific authorization, and which generally
consist of:
(1) Title and approval blocks, or separate signature page for lengthy plans.
(2) Statement outlining background, needs and specific management objectives.
(3) Narrative and/or graphic section which identifies planned land and resource
management and protection practices in appropriate detail by right-of-way segment or
specified location.
(4) A concise narrative describing practices, schedules and responsibilities.
Management practices must be specific as to responsibilities, limitations, and
scheduling based on sound vegetation, land, and resource management consistent
with the holder's needs.
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 7 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
b. General Plan Considerations:
(1) Requirements of law, regulation, policy, and land and resource management plans
may need to be translated into specific terms and conditions for the authorization.
Commitments and decisions made in project planning, environmental analysis, and
implementation stages must be carried forward into the construction, operation and
maintenance phases of a project through the appropriate plan. Differences in
personnel, responsibilities, and missions make bridging these phases difficult. The
written plan spans these gaps and provides a mechanism for consistency and
accomplishment.
(2) Plans must fully consider both the needs of the holder (and the purpose for which
authorization was granted), and Forest Service management objectives for underlying
and adjacent lands and resources.
(3) Plans should be kept simple, specific, practical, and be achievable within
economic reasonability.
c. Special Considerations for Certain Situations:
(1) Oil and Gas Pipelines – Plans should address emergency measures and DOT oil
spill contingency plans.
(2) Highways – Plans should provide agreement on disposal of waste rock, slough,
and slide materials, and removal of right-of-way vegetation including timber.
(3) Road Management – Planning for use and maintenance of roads associated with
the authorized project is essential and should be incorporated in the project
management plan. Items such as open and closed roads, public access, National
Forest transportation system relationships, signing, gating, and maintenance must be
spelled out.
(4) Herbicide Use – If herbicide use is contemplated, the plan should explicitly define
procedures for proposal and approval of herbicides. Tier to already-approved
herbicide use plans for the area when appropriate. The plan should also discuss the
need to coordinate herbicide use with weed control districts when applicable.
(5) Adjacent Landownership – Management objectives and requirements of adjacent
landowners should be known and considered. Efforts should be made to coordinate
authorized activities in a manner compatible with adjacent ownerships.
(6) Rights-of-Way on Acquired Lands – Rights-of-way existing on acquired lands
must be administered in accordance with the authority and conditions of the
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 8 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
instrument then in effect. Reserved or outstanding rights of the holder may limit the
rights of the United States to manage the right-of-way.
(7) Acquired Rights-of-Way on Other Lands – Similarly, rights-of-way acquired by
the Forest Service across other land ownerships must be administered in accordance
with the granting instrument. The landowner or grantor may have conditioned the
grant in a manner that limits actions of the Forest Service and its permittees.
(8) Periodic Review and Revisions – Plans should normally provide for joint review
and updating at 5-, or at most, 10-year intervals.
(9) Combined Plans – Where other plans are required by authorization terms, they
may be combined into one plan addressing various topics as appropriate.
14.1 – Minimum Requirements for Authorizations
1. Ensure that all special-use authorizations:
d. Accurately describe the area of use and the activity authorized (36 CFR
251.55(c)).
(1) Legal Descriptions. Each special-use authorization must include a legal
description of the authorized area and improvements that conforms to standards in the
Boundary Management Handbook (FSH 5509.15, sec. 11).
(a) To ensure accurate legal description (for example, use of fractional units such as
government lots, homestead entry surveys, mineral surveys, and so forth instead of
erroneous aliquot parts), check Landownership Status records (FSM 5590), BLM
records, and county records as appropriate.
(b) Legal descriptions for authorizations conveying an interest in land (easements and
leases) should be reviewed as required for land transactions (FSH 5509.15, sec. 12)*.
(c) Format and style for legal descriptions shall precisely follow “Specifications for
Descriptions of Tracts of Land for Use in Land Orders and Proclamations (USDI
1979, GPO, Washington). The name of the reference meridian should be spelled in
full in written legal descriptions (but may be abbreviated on map sheets). Contiguous
units should be combined. Fractional units are designated “lots” not “government
lots.” Follow the preferred order, abbreviations, and punctuation given in USDI
1979.

Pending posting by the Washington Office, an interim draft of R1 Supplement to the Boundary Management
Handbook FSH 5509.15 will be posted on the R1 Land Uses Guidelines intranet site under “location exhibits”
(http://fsweb.r1.fs.fed.us/lands/land_uses/guidelines/guidelines.htm).
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 9 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
(d) Short legal descriptions should appear on the face of the authorization. Lengthy
or detailed legal descriptions may be attached as an exhibit to the authorization.
(2) Maps. Each special-use authorization must also include a map to supplement the
legal description.
The map may be in the form of a simple diagram, an “exhibit,” or a “plat” (see FSH
5509.15, sec. 50.5 for definitions of map, exhibit, and plat)*, depending on the
authorization type, use type, land value, risk, and case-specific circumstances. The
map must meet objectives, requirements, and specifications in paragraphs 1d(3)1d(5). For many permits, the legal description and map objectives listed in paragraph
1d(3) can be achieved without requiring a formal survey “plat” or “exhibit” as those
terms are defined in the Boundary Management Handbook. Any map format (simple
diagram, “exhibit,” or “plat”) may be called an exhibit to an authorization (for
example, a simple diagram map can be referenced in the authorization as “attached
hereto as Exhibit A”).
A simple diagram map that does not meet “plat” or “exhibit” standards may include
measurements to identify the location of improvements in relation to recognizable
land or built features. Such measurements (for example, approximate bearings and
distances) can be performed by an unlicensed applicant, holder, or Forest Service
employee, provided the resulting map is not portrayed as a “survey” or “exhibit” (as
defined at R1 Supplement to FSH 5509.15, sec. 50.5), and the map is not recorded in
State (county) records. Such measurements do not constitute “surveying” under State
laws provided they are performed and prepared directly by Federal employees or
permittees, no third-party is retained to furnish measurement or mapping services,
and the map is part of a transaction strictly between the Federal government and its
permittee (not recorded in a State records system).
The map must be attached to the authorization (and may be referred to as an
“Exhibit” regardless of format as defined in the Boundary Management Handbook).
However, when a recreation residence permit is issued for a particular lot that is part
of a platted and approved tract, the map may be incorporated by reference in a
statement such as: “A plat of which is on file in the office of the Forest Supervisor,”
provided that the plat is actually on file as stated.
(3) Objectives for Legal Description and Map. The legal description and map must
provide sufficient information to accomplish the following objectives:

Pending posting by the Washington Office, an interim draft of R1 Supplement to the Boundary Management
Handbook FSH 5509.15 will be posted on the R1 Land Uses Guidelines intranet site under “location exhibits”
(http://fsweb.r1.fs.fed.us/lands/land_uses/guidelines/guidelines.htm).
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 10 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
(a) Allow the permit administrator and holder to locate the authorized use and
improvements on the ground, to the exclusion of all other uses.
(b) Provide accurate calculation of occupied area for land rental fee determination.
(c) Provide required geographic location data for input into, queries from, and upward
reporting by the Special Uses Data System (SUDS) (for example, county, state,
congressional district, proclaimed unit, special management areas).
(d) Allow the authorized use to be displayed in the Forest Service Geographic
Information System (GIS) (FSH 6609.15, ch. 30; GIS Core Data Dictionary,
http://fsweb.wo.fs.fed.us/im/standards/gis/coredata/index.html).
(e) Allow posting to Forest Service Landownership Status records (FSM 5590).
(f) Allow for recording in county records when appropriate.
(4) Map and Survey Requirements. Mapping or survey requirements imposed on the
applicant or holder must be the minimum necessary to achieve objectives in
paragraph 1d(3). The case manager (sec. 10.42) shall recommend and the authorized
officer (sec. 10.41) shall determine the level of mapping, measurement, or survey
required for special-use authorizations. See the Regional supplement to the Boundary
Management Handbook (FSH 5509.15, chapter. 50) for definitions and guidance
regarding various levels of surveying and mapping.
Maps for special-use authorizations that convey an interest in land (easements and
leases) must be in a form and to standards required for recording in county records.
Other situations may call for varying levels of approximate measurement or formal
survey and platting. Factors to consider include type and duration of use, land and
improvement values, potential conflict with other uses or ownerships, complex
ownership patterns, complex facilities, corridors, and congestion with other uses. As
part of the internal scoping process, the case manager or the authorized officer should
consult with the Forest or Grassland Surveyor when factors suggest a need for formal
surveys to prepare an exhibit or plat.
The following guidance is provided to help select the appropriate level of mapping,
by type of authorization.

Pending posting by the Washington Office, an interim draft of R1 Supplement to the Boundary Management
Handbook FSH 5509.15 will be posted on the R1 Land Uses Guidelines intranet site under “location exhibits”
(http://fsweb.r1.fs.fed.us/lands/land_uses/guidelines/guidelines.htm).
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 11 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
(a) Temporary Permits. For permits with a duration of 1 year or less, the legal
description can be illustrated with a simple diagram drawn on a Forest visitor map or
on a suitable topographic map, see FSH 5509.15, section 52, paragraph 3, class G*.
(b) Permits. Can range from a simple diagram drawn on a Forest visitor map or on a
suitable topographic map to a survey plat, depending on the type of use, improvement
values, risks, congestion with other uses, and so forth. Permits that authorize area
occupancy but no improvements (for example, certain recreation event, group event,
outfitter-guide, research, training, or cultural permits) might be adequately illustrated
by a simple diagram drawn on a Forest visitor or topographic map. Permits
authorizing improvements might require more detailed mapping, particularly if near
the ownership boundaries or other uses. Linear uses (powerlines, pipelines, telephone
lines, roads, and so forth) can require very detailed surveys to meet objectives in
paragraph 1d(3). See FSH 5509.15, section 52, paragraph 3, classes A-G*.
(c) Term Permits. Due to the obligation against the United States created by term
permits, a survey plat or exhibit should be required. See FSH 5509.15, section 52,
paragraph 3, classes A-E*.
(d) Leases. As a conveyance of transferable interest in land, a recordable exhibit or
survey plat is required in most cases. However, survey and plat may not be required
in cases of short-term use or where future additional development is unlikely, such as
single-use communication sites involving a passive reflector, low power TV, or a
PMRS antenna (FSH 2709.15, chapter 90). See FSH 5509.15, section 52, paragraph
3, classes A-G.
(e) Easements. Recordable exhibit or survey plat required in all cases, see FSH
5509.15, section 52, paragraph 3, classes A-D*. See also FSH 2709.12 for
requirements for specific types of road and trail easements, and FSM 2729.16 for
water conveyance system (Act of October 27, 1986) easement requirements.
(5) Map Specifications. If a simple diagram (for example, a location drawn on a
Forest visitor map or topographic map) would suffice, then have the applicant or
holder provide a map that meets the following minimum specifications. The case
manager or authorized officer may require additional specifications to meet local or
case-specific needs. Exhibit 01 is a checklist that may be given to the applicant or
holder. See the Regional Supplement to FSH 5509.15, section 52, paragraph 9,
exhibits, for examples of maps meeting these specifications*.

Pending posting by the Washington Office, an interim draft of R1 Supplement to the Boundary Management
Handbook FSH 5509.15 will be posted on the R1 Land Uses Guidelines intranet site under “location exhibits”
(http://fsweb.r1.fs.fed.us/lands/land_uses/guidelines/guidelines.htm).
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 12 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
(a) Paper Format: The map paper copy must be of a size that can be easily stored in
the Forest or Grassland records system. The paper should be sized or readily foldable
to fit 8½” x 11” case files. Reduced copies are acceptable provided all required
elements are clearly legible in the reduced format. All required elements should be
legibly reproducible in black and white photocopies. If the map is to be recordable in
county records, advise the applicant or holder to check with the county for format
standards.
(b) Electronic Format: For special-use authorizations with duration greater than 1
year, have the applicant or holder provide either digital files compatible with Forest
Service GIS (ArcInfo format, see FSH 6609.15, ch. 30), or paper maps suitable for
digitizing (minimum scale of 1:24,000, with tic marks showing latitude and longitude
or UTM coordinates). The case manager or authorized officer should consult with the
Forest or Grassland Surveyor and GIS staff to establish proper datum, metadata, and
projection specifications. Exhibit 02 displays projection specifications for GIS data
submissions to the Regionwide GIS library. For guidance on metadata (information
about content, quality, condition, and other characteristics of the data) requirements
for digital files and paper maps submitted for digitizing, see the Geospatial Service
and Technology Center’s Metadata Users’ Guide website
(http://fsweb.gsc.wo.fs.fed.us/metadata/).
(c) Title Block: The map must display the following information, preferably in a title
block:
 Name of holder
 Authorization identification number (SUDS Authorization I.D.)
 Project name
 Type of use (see the “Use” column of parent text section 19, exhibit 03)
 Description of improvements (type and dimensions, including material where
appropriate – for example, “2-inch buried steel pipe”)
 Name of Preparer (individual and/or company)
 Date prepared.
(d) Title Sheet and Index Map: If multiple sheets are used, the first sheet should
include:
 Index map showing the relationship of all sheets
 Title block (described above)
 Vicinity map (showing the project in relation to nearby cities, towns, or
natural features)
 Legend of all symbols used.
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 13 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
(e) Map Sheets: Each sheet showing the authorized area or improvements must, at a
minimum, display the following information:
 North arrow
 Bar scale (to allow scale determination after reduction or enlargement), unless
dimensions are provided on the map for all authorized facilities and ties
 Section(s), Township, Range, Meridian, County, and State
 Property boundaries and land ownership (Private, State, National Forest
System (NFS), other Federal) adjacent to the authorized use, by legible black
and white means such as hatching, shading, or labeling
 Legal description for all authorized NFS lands, at least as fine as the 40-acre
aliquot part or lot subdivision
 Acreage for all NFS lands authorized
 Location of improvements or site of use (GPS coordinates and/or
bearing/azimuth and distance to the nearest recognizable feature such as a
section corner or road intersection, along with the basis of bearing, method of
measurement and estimated accuracy; in low-risk cases, and uses without any
improvements or facilities, GPS coordinates for at least 1 point to represent
the site of use may be sufficient).
(f) Linear Uses: Location exhibits for linear uses such as roads, trails, powerlines,
pipelines, phone lines, ditches, and so forth must also display the following
information:
 Origin and destination in the title block (for transmission powerlines and all
pipelines).
 Centerline description (bearing/azimuths and distances, except when an
existing road serves as a monument unto itself).
 Right-of-way width (note locations where width changes, and note actual
improvement location when not coincident with centerline).
 Corner ties at ownership changes and at points of beginning and ending if on
NFS land, identifying the corner monument tied to (for example, stone, brass
cap).
 Right-of-way length and acreage by section, subtotaled by county, State, and
Forest Service administrative units, and totaled for the authorized use (if
lengthy, this may be included as a separate sheet showing summary tabular
data).
 Depth to buried authorized improvements (note locations where depth
changes).
 Foreign crossings and encroachments (crossing or overlapping rights-of-way
for roads, utilities, ditches, fences, structures, and so forth) shall be displayed
for all buried facilities, and new construction or reconstruction of all above-
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 14 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
ground facilities. The authorized officer or case manager should use
discretion in requiring this of existing permitted facilities.
(g) GPS Data Collection: A statement of geodetic datum used and data accuracy
must appear on the location exhibit for data acquired by the Global Positioning
System (GPS). Minimum acceptable accuracy for GPS units is 10 meters, however,
higher accuracy may be required in areas of congestion or where accurate physical
ties are desired. Encourage holders to check with Forest or Grasslands survey staff to
ensure use of proper datum, projection, methods, and accuracy levels.
(6) Preliminary and As-built Maps. Preliminary maps or plats may temporarily serve
as location exhibits pending final construction. The authorized officer shall require
holders to provide final as-built maps or plats as soon as construction is completed.
(7) Legal Description and Map Review. The authorized officer shall periodically
review location exhibits for adequacy and require the holder to provide updated
versions as appropriate. As a minimum, review location exhibits upon completion of
any construction or reconstruction, change in authorized area or improvements, and
when authorization is reissued on expiration or change of ownership.
(8) Reuse of Map Exhibits on Authorization Transfer or Reissue: The original map
exhibit may be reattached to a new authorization issued for the same use on reissue
following expiration or change of ownership, providing it meets the specification
standards set out in this section. Reference to the exhibit on the face of the new
authorization should have wording similar to the following: “as shown on the
location map (previously issued to [name of previous holder], identified as
authorization [previous authorization ID] attached as Exhibit A and made a part of
this permit.” Alternatively, the exhibit from the preceding authorization may be
edited (electronically or pen and ink), to show the new holder and new authorization
ID.
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 15 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
14.1 – Exhibit 01
Special-use Authorization Map Checklist
All special-use authorizations on National Forest System lands must include maps with sufficient information to
identify and locate the authorized use on the ground, to the exclusion of all other uses. The following are minimum
requirements for the Northern Region. Forests or Grasslands may have additional requirements for specific cases.
Format: Paper maps must be easily stored in Forest or Grasslands files, readily folded or legibly reduced to
8½”x11” or as specified by Forest or Grassland personnel. Digital files (when needed) must be compatible with
ArcInfo. Paper maps offered in lieu of digital files must include tic marks showing latitude and longitude or UTM
coordinates, and be of a minimum scale of 1:24,000.
Title Block (each sheet)

Name of Holder

Authorization I.D. Number (SUDS)

Name of Project

Type of Use (SUDS)

Description of Improvements (type, dimensions, material – for example, “2-inch buried steel pipe”)

Depth of Line (for buried facilities)

Name of Preparer (individual and/or company)

Date Prepared
 Title Sheet with Index Map (if multiple sheets are used)
 Vicinity Map: minimum ½"=1 mile (example: Forest Map)
 Legend: describing all symbols used
Maps for All Uses Must Show:
 North Arrow
 Bar Scale (to allow scale determination after reduction or enlargement) or include dimensions on map for all
authorized facilities and ties
 Sections, Township, Range, Meridian, County, and State
 Property boundaries & land ownership (Private, State, National Forest System (NFS) & other Federal
agencies) adjacent to the authorized use, by legible black and white means such as hatching, shading, or
labeling
 Legal description for all authorized NFS lands, to the 40-acre aliquot part or lot subdivision
 Acreage for all NFS lands authorized
 Location of improvements or use site (GPS coordinates and/or bearing/azimuth and distance to the nearest
recognizable feature such as a section corner or road intersection, and the method of measurement and
estimated accuracy)
Maps for Linear Uses Must Also Show (in addition to above requirements):
 Origin and Destination in the Title Block (for transmission powerlines and all pipelines)
 Centerline description (bearing/azimuths and distances, except when a road serves as a monument unto itself)
 Right-of-way width (note locations where width changes)
 Corner ties at ownership changes and at points of beginning and ending if on NFS land, identifying the corner
monument tied to (for example, stone, brass cap)
 Right-of-way length and acreage by section, subtotaled by county, State, and Forest Service administrative
units, and totaled for the authorized use (if lengthy, this may be attached as a separate tabular exhibit)
 Depth to buried authorized improvements (note locations where depth changes)
 Foreign crossings and encroachments (mandatory for buried facilities and all new or reconstruction)
Electronic Media and GPS Data Requirements
 Digital files, compatible with Forest Service GIS (ArcInfo) – consult Forest or Grassland
 GPS data collection – consult Forest or Grassland to ensure proper datum, projection, etc.
 Statement of geodetic datum used and data accuracy shown on exhibit
 GPS unit minimum accuracy of 10 meters, or as required by the Forest or Grassland.
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 16 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
14.1 – Exhibit 02
Regionwide GIS Projection Specifications
Projection
Zunits
Units
Spheroid
Xshift
Yshift
Parameters
ALBERS EQUAL AREA
NO
METERS
CLARKE1866
0.0000000000
0.0000000000
46 0 0.000 /* 1st standard parallel
48 0 0.000 /* 2nd standard parallel
-109 30 0.000 /* central meridian
44 0 0.000 /* latitude of projection's origin
600000.00000 /* false easting (meters)
0.00000 /* false northing (meters)
2. Authorizations may be issued to a husband and wife as a single legal entity.
Authorizations may be issued to a trust as a single legal entity, provided a trustee signs for the
trust. Group use permits (use code 311) may be issued to a group name, provided an individual
signs as responsible for the group. When the authorized use involves ownership by multiple
entities, owners-at-large must identify a single entity that will be designated the authorization
holder. In such cases, the owners-at-large must provide the authorized officer with adequate
documentation that all owners agree that the identified single entity possesses full responsibility
and authority to deal with all matters regarding the authorization.
14.2 – Title VI Civil Rights Compliance
Authorized officers may obtain signs referenced in nondiscrimination clause B-10 (FSH
2709.11, sec. 52.2) as instructed in Engineering administrative document (FSM 7108.11)
“Standards for Forest Service Signs and Posters” EM –7100-15. Consult Regional, Forest, or
Grassland Sign Coordinators (FSM 7160.42b and FSM 7160.42d) for assistance.
14.3 – Liability and Insurance Coverage
See FSM 2713.1 for additional direction regarding liability, insurance, and waiver of insurance.
Liability insurance protects the holder and the United States from liability to the public for
property damage, bodily injury, or death for which the holder may be liable. Such insurance is
the most practical and simplest way to satisfy the indemnification requirement (36 CFR
251.56(d)). The insurer accepts the responsibility and expense of defending both the holder and
the Government, as an additional insured, in liability suits, regardless of their merit.
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 17 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
For guidance regarding liability insurance requirements when the holder is a State or local
government entity, see section 15.2 in the parent text.
Special use administrators should become familiar with the insurance training aid The Liability
Insurance Companion, January 1990. Copies may be obtained from R-1 Lands Uses Group.
1. Definitions.
a. Kinds of insurance companies:
(1) Admitted Companies: Insurance companies domiciled in the resident State and
being duly certificated or otherwise authorized, as applicable, by that State to do
business therein.
(2) Alien (Offshore) Companies: Insurance companies domiciled outside the United
States boundaries.
(3) Non-Admitted Companies: Insurance companies domiciled out-of-state whose
policies are sold within that State. Non-admitted companies are usually not regulated
by the host State.
(4) Excess Lines Companies: Synonymous with "Non-Admitted Companies."
(5) Risk-Retention Act Authorized Groups: A Risk-Retention Group or Risk
Retention "Purchasing Group" as filed and qualified under the Risk Retention Act.
(6) Surplus Lines Companies: Synonymous with "Non-Admitted Companies."
b. Policy terminology:
(1) Acknowledgement-of-Risk Forms: Forms which, when signed, certify the
signatory’s awareness of risks involved in participating in an activity.
(2) Aggregate Limit Coverage: Policy coverage which pays no more than the
aggregate amount of coverage provided by the policy, no matter how many claims are
filed, how many suits are brought, or how many persons are injured during the policy
period.
(3) Claims-Made Policy Forms: Policies that limit coverage to claims first made
against the insured when the policy is in force, or the company renewed the policy
that was in force at the time of the injury which resulted in the claim.
(4) Claims Reporting: A clause found in all insurance contracts stipulating a claims
reporting condition, usually worded, "You must see to it that we are notified promptly
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 18 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
of an occurrence which may result in a claim. Late notice could limit the liability or
be cause for denial due to late reporting."
(5) Extended-Reporting Period: A policy feature that allows claims to be made after
the policy expires, but during the time covered by the extended-reporting period.
Extended-reporting periods can be "basic," provided at no charge as part of the basic
policy, or "optional" at a cost to the policyholder. The extended-reporting period is
often called a "tail."
(6) Gross Negligence: Proceeding with reckless disregard for consequences of one's
actions or omissions on the life or property of others.
(7) Insurance Exchanges: Groups of syndicates formed into an insurance company.
(8) Insurance Guarantee Fund: An account into which admitted companies are
required to deposit funds used to pay claims if an admitted company becomes
insolvent. Surplus-lines companies and Risk-Retention Groups or Risk-Retention
"Purchasing Groups" are not required to participate in this fund. Some insurance
exchanges establish their own guarantee fund. Each syndicate in the exchange
contributes to the fund.
(9) Insurance Syndicates: A group of individuals or organizations combined to create
all or part of an insurance company.
(10) Modified Claims-Made Policy Forms: Claims-made policy forms which include
a "notice of circumstance" provision. Under this provision, the policy will respond to
claims as long as the insured has notified the underwriters of any incident that might
result in a claim. Typically, claims that arise from unreported incidents will only be
covered if made within 60 days after the policy expiration date. Alternatively, if an
extended reporting feature is in effect, the policy will respond to claims arising from a
reported incident for the duration of the extended reporting period, as long as the
incident was reported within 60 days after the policy period.
(11) Modified Occurrence Policy Forms: Policies that pay a claimant for injuries
suffered at any time during which the policy was in effect, as long as the incident (if
known to have occurred) was reported during the policy period or within the basic
extended reporting period. These types of policies usually include a 2-or 3-year time
limit for honoring claims for reported incidents or occurrences.
(12) Notice of Circumstance Provision: A policy feature under which claims will be
paid, even after expiration, as long as the policy holder notified the company during
the time the policy was in effect, or within a stated post-expiration period, that an
accident occurred which might result in a claim.
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 19 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
(13) Occurrence Policy Forms: Policies that pay claims for injuries suffered at any
time during which the policy was in effect, even though the actual claim for those
damages was made long after the injury occurred and after policy expiration.
(14) Ordinary Negligence: Failure to exercise reasonable care and caution expected
of a reasonably prudent person with respect to life and property of others.
(15) Per Loss Coverage: Policy coverage under which claims will be paid up to the
amount of coverage per occurrence.
(16) Policy Form: A standard insurance policy document containing information on
what the policy covers and excludes, a description of the insured, limits of insurance,
special conditions and definitions.
(17) Risk-Retention Groups: A group of people with a common interest who join
together for insurance purposes and either capitalize themselves or find a company,
several syndicates or exchanges to capitalize their risk-retention group through a
broker.
(18) Risk-Retention Purchasing Groups: A group of operators within the same
industry class that together arrange with an insurance company, in the purchasing
group’s domicile State, to issue a master policy of insurance to which members may
be added. The purchasing group must file with the State insurance department in
each State where a member is doing business.
(19) Surplus-Lines Association: An organization that serves as "middle-man"
between the broker and a State's insurance department. The Association compiles
data on all surplus-lines companies doing business in the State through surplus-lines
brokers, reviews policies, records premiums, and accumulates financial data of
surplus-lines insurance companies and gives this information to the State insurance
department. The Department, in turn, reviews the financial data and advises the
Association about the company’s soundness.
(20) Surplus-Lines Brokers: Surplus-lines policies are marketed through surpluslines brokers.
(21) Waiver-of-Liability Forms: Forms, which when signed, release another from
liability for their own negligence.
2. Determining Required Coverage Amounts. The level of required liability protection is
independent of factors such as size of authorized facilities, income, or amount of use. Rather, it
is influenced by property value, medical care cost, and personal earning power. A person injured
because of holder negligence needs the same protection whether the injury occurs at a large or
small facility. Authorized officers shall review each authorized activity to determine the degree
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 20 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
of risk involved. Some activities are of lower risk than others and the minimum coverage shown
in R1 exhibit 01 may be sufficient, or the Forest Supervisor may waive the requirement.
Conversely, where risks appear to be higher, determine increased insurance requirements and
document the rationale.
Liability insurance policies are often written with combined single limits (CSL). CSL coverage
shown on the policy is the maximum an insurance company will pay for any claim, whether for
property damage or bodily injury to one or more persons. Minimum coverage for a CSL policy
must be either $300,000 or the amount for bodily injury to more than one person shown in R1
exhibit 01.
3. Reviewing Insurance Policies. See FSM 2713.1, R1 Supplement, for authorized
officer responsibilities.
Check the following when reviewing insurance policies (see ex. 07 for a checklist):
a. The kind of policy form used; “occurrence” or “claims-made” (see para. 5).
b. Policy expiration; it should not occur during the operating season.
c. Limits of liability (see para. 2).
d. All exclusions and endorsements that change standard conditions of the policy
form; all of the holder's authorized activities involving the public are included and
covered by at least the amount of insurance required in the special-use authorization.
Exclusions are items that are not covered by the policy. Endorsements add items to
the policy coverage. Essentially, endorsements override exclusions, and must be used
many times to get the desired policy coverage. Beware of standard policy exclusions.
For example, one standard policy exclusion involves watercraft; so, for a river
outfitter, ensure that an endorsement is included that adds watercraft coverage to the
policy.
e. That the United States is named additional insured. Do not accept insurance
policies naming the United States as additional insured: “solely as respects liability
arising from acts or omissions of the named insured.” Change the quoted language to
protect the United States. Acceptable language may read: “solely as respects liability
arising from operations of the named insured.” Refer questions regarding additional
insured coverage to the Regional Office, Land Uses Group.
f. To assure the Forest Service will be notified, at the administrating unit’s address,
by the company 30 days prior to terminating the policy. An exception may be when
cancellation results from nonpayment of the premium. Ten-day advance notification
of cancellation for nonpayment of premiums is acceptable when premiums are paid in
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 21 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
full prior to use. Do not accept qualifications on this notice. For example, some
policies will state “. . . will endeavor to notify. . . ,” which is not acceptable.
g. That policy territory includes the authorized National Forest System land. Policy
territory appears in different places in different policies. For example, the territory
should probably be listed as the National Forest, or at least the Ranger Districts that
are involved in the permit. Beware if the territory is listed as “same as insured's
address on the Declarations Page” because this may not cover any National Forest
lands on which the permittee operates. Some standard policy territory listings are
“United States and its territories.” This is acceptable, in fact, preferable. If the
territory is listed as “X miles (for example, 100 air miles) from the address on the
Declarations Page,” ensure that the authorized area is within the mileage limitation.
h. That the named policy holder matches the name of the special-use authorization
holder, or the authorization holder is a covered member of an insured group.
i. That there are no warranties that effectively negate coverage of the authorized
activities. Warranties are provisions with which the permittee must comply to keep
the policy valid. Many times the policy will state that if the permittee does not
comply with these warranties, the policy will become null and void. Beware of this
statement. Many warranties are good, sound safety practices which will benefit both
the permittee and client if they are followed, but should not void a policy if they are
not followed. For example, a policy may state that all horses used by an outfitter
must stay at least one horse-length apart during a ride. This is good advice, but not
very practical. If a horse spooks and crashes into another horse, the incident would
not be covered by the insurance because the horses did not stay one horse-length
apart. Many times agents will leave the warranties in the policy, but can add a
statement that not following the warranties will not void the policy; and that is
acceptable.
j. Beware of policies that reduce the amount available for claim payments by the
amount necessary to pay for claims expenses, such as legal defense costs. This means
that the legal defense costs will be paid first, and claims will be paid second. If
claims expenses clauses cannot be removed from the policy, consider raising the
coverage amounts to compensate.
4. Certificates of Insurance. Certificates of Insurance in the industry's format (not the
format in WO FSM 2713.1, ex. 01) normally show name and address of insurer, company
affording coverage and liability limits, policy expiration date and other provisions. Do not
accept these certificates for new (first issuance) policies except on a short-term basis. Forest
Supervisors may accept a Certificate of Insurance in lieu of a policy for no more than 30 days
while the policy is being prepared. When appropriate, this may be extended for one additional
30-day period. Before accepting a certificate, ensure that it contains the required 30-day in
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 22 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
advance cancellation notice, additional insured provision, and a list of any exclusions.
Certificates of Insurance may be accepted when they extend the duration of an existing policy
without any changes.
5. Liability Insurance Standard Forms. Insurance policies meet Forest Service
requirements when they are written on any of the following forms:
a. An occurrence policy form, if it is available for the kind of business authorized.
b. A modified occurrence policy form containing:
(1) A claim-reporting-period requirement and a basic-extended-reporting period of at
least 2 years for known and reported occurrences likely to result in a claim.
(2) A feature that will respond to claims for at least 2 years after an incident occurred
if the insured had no way of knowing it had occurred, and therefore did not report it.
c. A claims-made or modified claims-made policy form for the kind of business
authorized, when they provide both of the following:
(1) At least a 2-year basic extended-reporting period. Claims-made or modified
claims-made forms do not meet Forest Service requirements if the minimum 2-year
extended-reporting period is only available as an option.
(2) Wording, or an endorsement to the effect that the policy will respond to claims
made within 2 years of an incident that occurred on National Forest System lands,
and solely with respect to liability arising from operations of the named insured,
whether the incident had been reported or not.
6. Waiver of the Insurance Requirement. See FSM 2713.11 for basic direction regarding
waiver of insurance. The responsibility for providing factual data in support of a request for
waiver of liability insurance requirements rests with the applicant/holder. In some
circumstances, special-use applicants and holders may encounter limited availability of public
liability insurance coverage. Insurance cost is not a sufficient basis for this requirement waiver.
It is not unusual for an applicant/holder to rely on State statutes that limit civil liabilities as
reason to waive insurance. An example is Montana Code Annotated (MCA), Title 27, Chapter 1,
Part 7, Section 33 (ex. 02). In this case, note that the Statute is restricted by its application to
parties (nonprofit organizations and "contestants") and the nature of activities (generally an
equestrian orientation). It also sets specific requirements for minors to be recognized as
voluntary participants and, therefore, included under the Statute.
Liability insurance is not required to cover participants in high-risk recreation events as long as
participants sign an acceptable Waiver-of-Liability (ex. 03). See following paragraph 8 for
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 23 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
further guidance on acceptable waivers-of-liability. Event sponsors (the authorization holder)
must, however, obtain liability insurance that covers spectators or other third parties.
The authorized officer shall decide each request for waiver on a year-to-year or season-to-season
and case-by-case basis, taking into consideration the facts presented, public services and
facilities provided, the nature of the activity and resource management opportunities. The
waiver, if approved, will be documented by authorization amendment, deletion of the insurance
clause and confirmation by letter.
7. Criteria for Waiving Insurance. In support of a request for waiver, the
applicant/holder shall provide the following information:
a. Written evidence from more than one insurer of an inability to obtain insurance. A
detailed analysis is not needed; a statement of reasons why the insurance waiver is
requested will generally be sufficient.
b. A description of the actions the applicant will take to inform the using public that
he carries no public liability insurance. It is important that there be ample
opportunity for the public to make an informed decision about participating in
services where liability insurance coverage may be limited or unavailable. Examples
of actions are:
(1) Fully describing the hazards and disclosing the extent of his liability coverage in
brochures, correspondence and other material advertising the services.
(2) Asking clients to sign a statement acknowledging that they are informed about the
absence of liability insurance coverage for the service being provided, (ex. 04).
c. Submit an application for waiver prepared in the format of exhibit 05. Content
may be modified to fit particular circumstances.
8. Waivers-of-Liability and Acknowledgement-of-Risk Forms. A certain amount of risk
is involved for individuals engaging in most activities on National Forest System lands. Forest
visitors engaging in these activities are expected to assume these usual risks. Therefore,
"Acknowledgement of Risk" forms may be appropriate and acceptable for use by holders and
insurance companies.
Insurance companies often require the policyholder to use waivers-of-liability and/or
acknowledgement-of-risk forms. Even when it is not an insurance company requirement,
special-use authorization holders frequently require that their customers sign one or both such
forms before participating in an activity provided by the holder. Authorized officers should be
guided by the following:
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 24 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
a. Appropriately worded acknowledgement-of-risk forms required by insurance
companies or special-use authorization holders are acceptable (see ex. 06).
b. In certain situations, parents or guardians are asked to sign acknowledgement-ofrisk forms and/or waiver-of-liability forms on behalf of minor children. Such
agreements are probably not binding and, therefore, should be disallowed. Often,
minor children (under 18) will sign such a contract. Since it is possible for minor
children to disavow the contract later, do not encourage holders to require minors to
sign such forms.
c. Do not allow use of waiver-of-liability forms (ex. 03) except for high-risk
recreation events such as enduros, road rallies, equestrian events, hang-gliding
contests, and so forth. Many of the forms used for these purposes are unacceptable
because they would have the participants release the U.S. Government from liability
for its own negligence. This conflicts with the intent of Congress in the Federal Tort
Claims Act, which makes the Federal Government liable for the negligence of its
officers and employees acting within the course and scope of their employment.
Allow use of these forms as long as they do not attempt to require participants to
waive their rights to sue for any cause beyond ordinary negligence. To be sure that
waivers meet legal standards, submit them to the Regional Office Land Use Group for
review before authorizing their use.
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 25 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
14.3 - Exhibit 01
Liability Insurance Minimum Limits
The "Required Minimum Coverage" column lists, in thousand dollars: Property Damage/Death
or Injury – one person/Death or Injury – more than one person. For example: 10/100/200
indicates $10,000 property damage, $100,000 death or injury—one person, and $200,000 death
or injury—more than one person.
Where insurance is required for uses not listed below, the minimum coverage shall be
25/200/300.
If the insurance policy uses a combined single limit (CSL), the minimum coverage shall be equal
to the amount for Death or Injury—more than one person.
Use
Code
111
112
113
114
115
Use Name
122
Boat Dock and Wharf
Club
Organization Camp
Shelter
Private Camp
Houseboat (insurance required only when
132
133
141
142
143
144
146
147
148
149
152
Hotel, Motel
Resort
Camp and Picnic Grounds
Cave, Cavern
Golf Course
Park, Playground
Target Range
Trailer Court or Camp
Tramway
Recreation Event
Marina
authorization is issued for a concession)
Required
Minimum
Coverage
10/100/300
25/100/300
25/100/300
10/100/200
25/100/300
Minimum
Combined Single
Limit (CSL)
$300,000
$300,000
$300,000
$200,000
$300,000
10/100/300
$300,000
25/100/300
25/100/300
10/100/300
10/100/300
25/100/200
25/100/300
25/100/300
25/100/300
50/250/500
10/100/300
50/250/500
$300,000
$300,000
$300,000
$300,000
$200,000
$300,000
$300,000
$300,000
$500,000
$300,000
$500,000
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 26 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
14.3 - Exhibit 01--Continued
Use
Code
153
154
155
156
157
158
161
162
163
164
165
Use Name
Outfitter and Guide Service:
Saddle & Pack Stock, Hunting
Nordic Skiing:
Non-Avalanche Areas
Avalanche Potential Areas
Back Packing
Rock Climbing
Nature Hike
Running Clinic, Foot Race
Snowmobiling
Rafting and Boating:
Class I-III
Class IV-V
Rental Service
Restaurant
Service Station
Store, Shop, Office
Vendor, Peddler
Winter Recreation Resort:
Nordic Skiing:
Non-Avalanche Areas
Avalanche Potential Areas
Alpine Skiing
Avalanche Training
Ski Lift, Tow
Ski Slope, Trail
Ski Activity
Snow Play
Required
Minimum
Coverage
Minimum
Combined Single
Limit (CSL)
25/300/300
$300,000
25/300/300
25/500/500
25/300/300
25/500/500
25/300/300
25/300/300
25/500/500
$300,000
$500,000
$300,000
$500,000
$300,000
$300,000
$500,000
25/300/300
25/500/500
10/100/200
10/100/200
25/100/300
10/100/200
10/100/200
$300,000
$500,000
$200,000
$200,000
$300,000
$200,000
$200,000
25/300/300
25/500/500
25/500/500
25/500/500
50/500/1000
10/200/500
10/100/200
10/100/200
$300,000
$500,000
$500,000
$500,000
$1,000,000
$500,000
$200,000
$200,000
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 27 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
14.3 - Exhibit 02
Example State Statute Limiting Liability
MCA 27-1-733
27-1-733. Liability of nonprofit organizations and their employees for injuries suffered in
sponsored rodeo and similar events. (1) No nonprofit organization sponsoring a rodeo,
cowboy polo, cutting horse, O-Mok-See, trail riding, horse packing, horse show, or jackpot
roping event, or employee of the organization, is liable for injuries suffered by a contestant as a
result of his voluntary participation in the event except for injuries caused by a willful or wanton
act of the sponsoring organization or its employees.
(2) For purposes of this section, a minor is considered to be in voluntary participation in an
event if:
(a) he has provided written consent to participate in the event; and
(b) the consent is approved by one of the minor's parents or by his legal guardian.
14.3 - Exhibit 03
Example Waiver of Liability Format
As lawful consideration for being permitted by (operator) to participate in the sport of
(activity) , I,
of, (address) , (City) , (State) , (Zip) , do hereby
release from any legal liability, (operator) , the United States Forest Service, and all of their
officers, members, organizations, agents and employees for any and all injury or death caused by
or resulting from my participation in the sport of (activity) , whether or not such injury or
death was caused by their negligence or from any cause.
I further agree not to sue, claim against, attach the property of or prosecute (operator) , the
United States Forest Service, and all of their officers, members, affiliated organizations, agents
and employees for any injury or death caused by or resulting from my participation in the sport
of (activity) , whether or not such injury or death was caused by their negligence or from any
other cause.
Signed this
day of
________________________
Signature
, 20 , at
.
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 28 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
14.3 - Exhibit 04
Example Statement Acknowledging Risk and the Absence of Liability Insurance
I, ________________ of (organization) ,
have contracted for the services of (operator)
_________, 20__, to
, 20__.
(City)
,
for purposes of
(State)
, (Zip)
(identify activity)
,
from
I acknowledge that I will encounter normal hazards associated with and common to outdoor
activities in a natural forest environment. I further acknowledge that I am fully aware that
(operator)'s operation is not covered by liability insurance and I have engaged these services in
full knowledge of that fact.
This statement in no way represents or implies a release of (operator) from liability for any
negligent acts by (operator) and his/her/their agents and employees.
Signed this ____________ day of ______________ 20__, at _________________________.
________________________
Signature
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 29 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
14.3 - Exhibit 05
Application for Waiving Insurance
I, ___________________________, hereby apply for waiver of the liability insurance required
in connection with my (Date) special-use authorization to conduct (Activity) on the
_______________________ National Forest for the 20__ season. In support of this application,
I certify that I have been unable to obtain the required insurance for the following reason(s):
1. ____________________________________________________________________
2. ____________________________________________________________________
This certification is supported by the attached documents:
1. ____________________________________________________________________
2. ____________________________________________________________________
I agree to take the following steps to insure that all my clients or guests are aware of the fact that
I carry no liability insurance:
1. Describe the risks involved and the extent of my liability coverage in all literature
published hereafter; and
2. Give to each client or guest a copy of a statement disclosing that there is no liability
insurance coverage in force, or stating the limits of any coverage in force, and also obtaining
each client/guest's signature on a file copy of the same statement obtained before or at the time
the first deposit or payment is accepted from that client/guest.
I understand this agreement becomes a condition of my special-use authorization.
Date: ___________________, Signed: ______________________________________
Applicant
Title 18, U.S.C. Section 1001, makes it a crime for any person knowingly and willfully to make to any
department or agency of the United States any false, fictitious, or fraudulent statements or representations as
to any matter within its jurisdiction.
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 30 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
14.3 - Exhibit 06
Example Acknowledgement of Risk Format
I (we) recognize the element of risk in any adventure, sport or activity associated with the
outdoors in a natural forest environment. I (we) am (are) fully aware of the risks and dangers
inherent in (activity) such as, but not inclusive, of:
(explain risk)
Knowing the risks and dangers, I (we) understand the possible consequences of participating in
such activity are as follows:
(state consequences)
I (we) certify that I (we) have the necessary skills and ability to participate in the said activity
and assume full responsibility for myself (ourselves) for bodily injury, death and loss and/or
damage of personal property and expenses thereof as a result of my (our) negligence in
participating in said activity except to the extent such damage or injury may be due to the
negligence of (operator) .
I (we) also agree to abide by the rules or instructions given to me (us) either verbally or in
writing by the (operator) . I (we) further understand that (operator) reserves the right to
refuse to allow any person to participate who is judged to be incapable of meeting the rigors and
requirements of participating in said activity.
I (we) have read, understood and accepted the terms and conditions stated herein and
acknowledge that this agreement shall be effective and binding upon me (us) during the entire
period of participation in the said activity.
Signed this _______ day of __________________, 20__, at _____________________________.
Signature(s)__________________________
____________________________________
____________________________________
____________________________________
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 31 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
14.3 - Exhibit 07
Insurance Policy Review Checklist
COMPANY___________________________________________________________
AGENCY_____________________________________________________________
PERMITTEE __________________________________________________________
CONSIDERATONS

Policy holder = Permit holder

Coverage, $$

Coverage, Activities

Policy Period

Policy Territory

US Gov't = Additional Insured

30-day Cancellation Notice

Bankruptcy

Exclusions

Endorsements

Claims Expenses

Claims-Made/Tail Provided

Warranties

Waivers
ADDITIONAL REMARKS
REMARKS
R1 SUPPLEMENT 2709.11-200X-X
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 32 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
19– EXHIBITS
Exhibit 03. Until the parent text is amended, make the following corrections to the “Use Code,”
“Authority,” “Form,” and “Recommended Maximum Term” columns of exhibit 03.
19 - Exhibit 03
Use
Use
Code
Authority or Form
Recommended Maximum Term
RECREATIONAL SPECIAL USE - GROUP USE
Organizational Camp 113
Add to Authority:
or Act of September
3, 1954 or
Granger-Thye Act
of April 24, 1950
FACILITY RELATED SERVICES
Outfitter and guide
153
Delete: Form FSservice
2700-4
Add: Form FS2700-4i
SANITARY SYSTEMS
Change to:
Debris disposal area
346
MINERAL EXPLORATION
Mineral material site
562
Delete: Form FS2700-4
Add: Form FS2800-9
ENERGY GENERATION AND TRANSMISSION POWERPLANTS UNDER AUTHORITY OF THE
FEDERAL ENERGY REGULATORY COMMISSION
Hydroelectric project, 611
Add: If greater than 30 years, provide for revision of
FERC licensed
terms & conditions at specified intervals to reflect
changing times and conditions (clause E-8, sec. 52.5)
OIL AND GAS DEVELOPMENT
Oil and gas pipeline
631
Oil and gas pipeline
632
related facility
Oil and gas
633
Add to Authority:
production and
or Act of March 4,
storage area
1950 or
Granger-Thye Act
of April 24, 1950
Change to: 30 years
Change to: 30 years
Change to: 50 years
If greater than 30 years, provide for revision of terms &
conditions at specified intervals to reflect changing times
and conditions (clause E-8, sec. 52.5)
R1 SUPPLEMENT 2709.11-2004-5
EFFECTIVE DATE: 11/3/2004
DURATION: This supplement is effective until superseded or removed.
2709.11_10
Page 33 of 33
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 10 – APPLICATION AND AUTHORIZATION PROCESSING
19 - Exhibit 03--Continued
Use
Natural gas pipeline
(FERC)
Use
Code
Authority or Form
634
ELECTRIC TRANSMISSION & DISTRIBUTION
Powerline, REA
641
financed
Other utility
improvement REA
financed
642
Powerline
643
Other utility
improvement
644
RAILROADS
Railroad right-of-way 731
Railroad signal
device
732
TELEPHONE & TELEGRAPH
Fiber optic cable
823
Recommended Maximum Term
Change to: 30 years
Change to: 50 years
If greater than 30 years, provide for revision of terms &
conditions at specified intervals to reflect changing times
and conditions (clause E-8, sec. 52.5)
Change to: 50 years
If greater than 30 years, provide for revision of terms &
conditions at specified intervals to reflect changing times
and conditions (clause E-8, sec. 52.5)
Change to: 50 years
If greater than 30 years, provide for revision of terms &
conditions at specified intervals to reflect changing times
and conditions (clause E-8, sec. 52.5)
Change to: 50 years
If greater than 30 years, provide for revision of terms &
conditions at specified intervals to reflect changing times
and conditions (clause E-8, sec. 52.5)
Change to: 50 years
If greater than 30 years, provide for revision of terms &
conditions at specified intervals to reflect changing times
and conditions (clause E-8, sec. 52.5)
Change to: 50 years
If greater than 30 years, provide for revision of terms &
conditions at specified intervals to reflect changing times
and conditions (clause E-8, sec. 52.5)
Change to: 10 years