2709.11_50
Page 1 of 7
/
FOREST SERVICE HANDBOOK
TONTO NATIONAL FOREST
PHOENIX, AZ
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 50 – TERMS AND CONDITIONS
Supplement No.: 2709.11-2002-1
Effective Date: January 1, 2002
Duration: This supplement is effective until superseded or removed.
Approved: KARL P. SIDERITS
Forest Supervisor
Date Approved: 01/02/2002
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Superseded Document(s)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 Tonto National Forest.
TONTO NF SUPPLEMENT
EFFECTIVE DATE: 01/06/2002
DURATION: This supplement is effective until superseded or removed.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 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
TONTO NF SUPPLEMENT
EFFECTIVE DATE: 01/06/2002
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
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 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).
TONTO NF SUPPLEMENT
EFFECTIVE DATE: 01/06/2002
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
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.
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.
TONTO NF SUPPLEMENT
EFFECTIVE DATE: 01/06/2002
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
52.5 – 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.
No. of Assigned
Priority Use
Client Days Per
Year
No. 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 1-day supply trip, and a 1-day
pickup trip equals 24 Client Days.
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.
TONTO NF SUPPLEMENT
EFFECTIVE DATE: 01/06/2002
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
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.
No. of
Temporary Use
Client Days
No. 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 1-day supply trip,
and a 1-day pickup trip equals 24 Client Days.
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.
TONTO NF SUPPLEMENT
EFFECTIVE DATE: 01/06/2002
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
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).