CORONADO NATIONAL FOREST SUPPLEMENT EFFECTIVE DATE: 10/01/2002 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 1 of 7 FOREST SERVICE HANDBOOK CORONADO NATIONAL FOREST TUCSON, AZ FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 50 – TERMS AND CONDITIONS Supplement No.: 2709.11-2002-1 Effective Date: October 1, 2002 Duration: This supplement is effective until superseded or removed. Approved: JOHN M. MCGEE Forest Supervisor Date Approved: 10/01/2002 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 2709.11-95-2 to 2709.11,50. New Document Superseded Document(s) (Supplement Number and Effective Date) 52.1 52.2 52.5 52.8 A Clauses B Clauses E Clauses X Clauses 7 Pages 0 Pages Digest: 50 - Inserts and updates several clauses which were omitted by R3 Supplement, but which are needed by the Coronado National Forest. CORONADO NATIONAL FOREST SUPPLEMENT EFFECTIVE DATE: 10/01/2002 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 2 of 7 2709.11 - SPECIAL USES CHAPTER 50 – TERMS AND CONDITIONS 50 – TERMS AND CONDITIONS 52.1 – A Clauses – Fees and Payments Fee Determination (a001SO). (Note: Mandatory for Outfitter/Guide Permits. See Exhibits 01 and 02 for sample worksheets.) 1. Estimated Fee. In consideration for the use authorized, the Permit Holder shall pay in advance to the Forest Service, U.S.D.A., the sum of ___________dollars and zero cents ($_________) for the period from ___________________to_______________________ (normally corresponds to end of Holder’s fiscal year). This estimated fee is based on the Estimated Fee Worksheet which will be attached to and made a part of this Permit. 2. Final Fee. Subsequent to the operating season (within 30 days), the Permit Holder will submit financial records concurrently with the required actual use report. Based on this information, a final fee will be calculated which is a reconciliation between the estimated fee paid and the final amount due. When calculated, the Final Fee Worksheet will be attached to and made a part of this Permit. 3. Definitions. For the purpose of administering the Permit, the following terms apply: a. Gross Revenue. The total amount of receipts from the sale of goods and/or services provided by the Holder in connection with the outfitted and/or guided trip. These receipts include: 1) Revenue received by the Holder for goods or services provided during the trips, 2) Revenue received by the Holder for scheduling or booking the trip, and 3) Revenue from goods or services provided off National Forest System lands, such as lodging and meals. b. Adjusted Gross Revenue. Gross revenue, PLUS the following additions: 1) The value of goods and services that are donated or bartered in exchange for goods and services received that are directly related to the trip, and 2) the value of gratuities of any type which is provided without charge to the Holder, etc., and MINUS the following exclusions: 1) Value of goods and services that are not related to the outfitting/guiding operation and are sold on private land, 2) Amount paid or payable to a state licensing authority or recreation/administering agency for sales of hunting/fishing licenses and for CORONADO NATIONAL FOREST SUPPLEMENT EFFECTIVE DATE: 10/01/2002 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 3 of 7 2709.11 - SPECIAL USES CHAPTER 50 – TERMS AND CONDITIONS sale of recreation fee tickets; and 3) Revenue from the sale of equipment capitalized assets, or other assets used in the outfitting/guiding operations. c. Duration of the Outfitted/Guided Trip. For the purpose of determining the on-off forest discount, the outfitted trip begins when the client comes under the care and supervision of the outfitter, their employees or agents at the Permit Holder’s headquarters or local community, and ends when the client is released from such care and custody. Financial/Actual Use Report (a002SO). (Note: Mandatory for Outfitter/Guides Permits. See Exhibit 03 for sample report.) The Permit Holder will send to the _____________________ on or before _________________ a Financial and Actual Use Report for the authorized period, utilizing the Permit Holder’s established fiscal year of 12 consecutive months which ends on __________________*. *Should correspond to Permit expiration date. Fee Determination (a003SO). (Note: Mandatory for Recreation Event Permits. See Exhibits 04 and 05 for sample worksheets.) 1. Estimated Fee. In consideration for the use authorized, the Permit Holder shall pay in advance to the Forest Service, U.S.D.A., the sum of dollars ($__________) for the period from _____________________, 20_____ to ______________________, 20______. This estimated fee is based on the Estimated Fee Worksheet (Exhibit______). 2. Final Fee. Within 30 days of the event or the authorized period, the Permit Holder will submit financial records concurrently with the required Actual Use Records. Based on this information, a final fee will be calculated which is a reconciliation between the estimated fee paid and the final amount due. When calculated, the Final Fee Worksheet (Exhibit______) will be attached to and made a part of this Permit. 3. Definitions. For the purpose of administering the Permit, the following terms apply: a. Gross Revenue. The total amount received from participants or customers by the Holder and all sublessees in connection with the recreation event conducted CORONADO NATIONAL FOREST SUPPLEMENT EFFECTIVE DATE: 10/01/2002 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 4 of 7 2709.11 - SPECIAL USES CHAPTER 50 – TERMS AND CONDITIONS on National Forest System lands or waters. Includes all revenue (excluding gross receipts taxes) from participants or customers from the sale of goods or services provided by the Holder, their employees or agents, when said goods or services are provided while on National Forest System lands or waters. To provide for this, revenue can be reduced by an amount based on the percentage of time the participants occupy National Forest System lands and waters in relation to the total duration of the event (see FSH 2709.11, 37.21e). b. Adjusted Gross Revenue. The Gross Revenue reduced by the amount the Permit Holder paid for prizes awarded (verification in the form of receipts is acceptable). Fee Determination (a004SO). (Note: Optional Clause for Motion Picture/Video Permits.) 1. Estimated Fee. In consideration for the use authorized, the Permit Holder shall pay in advance to the Forest Service, U.S.D.A. the sum of ________________dollars and zero cents ($_______) which is based on a maximum of _____________person(s) per day on-site, for a total period of time not to exceed ___________________days(s). 2. Final Fee. Within 15 days of the completion of the authorized filming, an Actual Use Report will be provided to the Authorized Office ____________________________. This report will show for each day the number of persons actually on site for all or part of that date. Based on this information, a final fee will be calculated which is a reconciliation between the estimated fee paid and the final fee due. Exhibits 1 – 5 Available in hard copy only. CORONADO NATIONAL FOREST SUPPLEMENT EFFECTIVE DATE: 10/01/2002 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 5 of 7 2709.11 - SPECIAL USES CHAPTER 50 – TERMS AND CONDITIONS 52.2 – B Clauses – Safety, Health, Liability, and Nondiscrimination Watercraft Sewage (b001SO). (Note: Mandatory where boat rentals and wet-boat storage are provided.) All sanitation facilities (lavatory, sink, shower) on boats kept at this facility shall be sealed against any discharge into the water. All sewage and other waste on the watercraft will be collected and the effluent shall be disposed of in an approved sewage system or at a location approved by the County Health Department. 52.5 – E Clauses – Tenure, Termination, Revocation, and Limit of Use Assignment of Outfitter/Guide Priority Use (e001SO). (Note: Mandatory only where priority use is authorized.) 1. The Permit Holder is hereby assigned the indicated amount of priority use per season in the areas shown: Name of Specific Area, District Forest, Wilderness, etc. Number of Assigned Priority Use Client Days Per Year Number of Livestock Use Days Authorized Per Year Grazing Authorization (Yes or No) 2. Definition of Client Day. A Client Day is a day or part of a day for each individual accompanied or provided services (including transportation services) by a packer, outfitter, guide, leader, or instructor. Where supply or drop service alone is performed, the days involved multiplied by the number of clients in the party equals Client Days. Any period of time, when clients (individually or in groups) are on the National Forest and under the direction, care or tutelage of a guide/outfitter, shall be counted as part of the total Client Days. Example: A 3-hour hike for 15 people equals 15 Client Days. A 4 ½ day pack trip for 5 people equals 25 Client Days. A 2-day trip to drop a party of 6, with a 1day supply trip, and a 1-day pickup trip equals 24 Client Days. CORONADO NATIONAL FOREST SUPPLEMENT EFFECTIVE DATE: 10/01/2002 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 6 of 7 2709.11 - SPECIAL USES CHAPTER 50 – TERMS AND CONDITIONS 3. Authorized Non-Use. The indicated Client Days shall be used annually except as follows: a. The Forest Supervisor may withhold authorization for all or part of the above authorized use for reasons of resource protection and/or public health and safety. b. When requested by the Holder, the Authorized Officer may waive the Holder’s obligation to exercise all or part of the assigned amount of use, when such request is made far enough in advance to allow the waived use to be reassigned to other Permit Holders, if appropriate. 4. Application for Additional Use. If the Holder requests approval for additional client days in advance (and client days are available), the Authorized Officer may approve the request by amending this Permit, including calculating the fee for the additional use. Authorization for Outfitter/Guide Temporary Use (e002SO). (Note: Mandatory where temporary use is authorized.) 1. The Permit Holder is hereby authorized the indicated amount of temporary use in the areas listed below for a period not to exceed 1 year: Name of Specific Area, District Forest Wilderness, etc. Number of Temporary Use Client Days Number of Authorized Livestock Use Days Authorized Per Year Grazing Authorized (Yes or No) 2. Definition of Client Day. A Client Day is a day or part of a day for each individual accompanied or provided services (including transportation services) by a packer, outfitter , guide, leader, or instructor. Where supply or drop service alone is performed, the days involved multiplied by the number of clients in the party equals Client Days. Any period of time, when clients (individually or in groups) are on the National Forest and under the direction, care or tutelage of a guide/outfitter, shall be counted as part of the total Client Days. Example: A 3-hour hike for 15 people equals 15 Client Days. A 4 ½ day pack trip for 5 people equals 25 Client Days. A 2-day trip to drop a party of 6, with a 1day supply trip, and a 1-day pickup trip equals 24 Client Days. CORONADO NATIONAL FOREST SUPPLEMENT EFFECTIVE DATE: 10/01/2002 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 7 of 7 2709.11 - SPECIAL USES CHAPTER 50 – TERMS AND CONDITIONS 3. Authorized Non-Use. The indicated Client Days shall be used annually except as follows: a. The Forest Supervisor may withhold authorization for all or part of the above authorized use for reasons of resource protection and/or public health and safety. b. When requested by the Holder, the Authorized Officer may waive the Holder’s obligation to exercise all or part of the assigned amount of use, when such request is made far enough in advance to allow the waived use to be reassigned to other Permit Holders, if appropriate. 4. Application for Additional Use. If the Holder requests approval for additional client days in advance (and client days are available), the Authorized Officer may approve the request by amending this Permit, including calculating the fee for the additional use. Hotel – Motel Stay Limitations (e003SO). (Note: Optional for commercial public service Permits.) In no event shall more than __________________(______) of available units be sublet and no such lease may be granted for a period in excess of ___________weeks. 52.8 – X Clauses – Miscellaneous Site Reservation (x001SO). (Note: Mandatory for Outfitter/Guide Permits if a Reserved Site is to be authorized. The following specific site(s) is reserved for use by the Permit Holder for activities authorized by the Permit: Site Name Location Temporary Facilities Authorized (if any) Dates of Occupancy An annual rental fee of ___________________is established for each site listed above (Transfer total fee to Estimated Fee Worksheet).