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FOREST SERVICE HANDBOOK
INTERMOUNTAIN REGION (REGION 4)
OGDEN, UT
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 50 – TERMS AND CONDITIONS
Supplement No.: 2709.11-2008-1
Effective Date: August 26, 2008
Duration: This supplement is effective until superseded or removed.
Approved: HARV FORSGREN
Regional Forester
Date Approved: 08/12/2008
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document; remove 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 2709.11-96-1 to Chapter 30.
New Document(s):
2709.11_50
17 Pages
Superseded
Document(s) by
Issuance Number
and Effective Date
2709.11,51 (Supplement 2709.11-95-7, 11/9/1995)
2709.11,52 (Supplement 2709.11-95-8, 11/9/1995)
2709.11,53-53.2 (Supplement 2709.11-95-3, 8/25/1995)
2709.11,53.3-53.8 (Supplement 2709.11-95-9, 11/9/1995)
2709.11,53.9 (Supplement 2709.11-95-5, 8/25/1995)
2709.11,54.4-54.6 (Supplement 2709.11-95-10, 11/9/1995)
3 Pages
21 Pages
9 Pages
6 Pages
3 Pages
2 Pages
Digest:
Consolidates six regional supplements issued in 1995. Reformats into alphabetical order all
applicable clauses previously included in the 1995 supplements. Removes clauses rendered
obsolete from the issuance of Washington Office National direction in Manual and Handbook
direction or through incorporation into individual special use authorization forms. Adds one
additional clause regarding noxious weed control. All clauses included in this supplement have
been reviewed and approved by the Regional Office of the General Counsel.
R4 SUPPLEMENT 2709.11-2008-1
EFFECTIVE DATE: 08/26/2008
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 50 - TERMS AND CONDITIONS
51.1 - Revises and reformats the Title Index to Clauses. Removes the following obsolete
clauses: R4-X4; R4-A3b; R4-A8; R4-A9; R4-A4; R4-B4; and R4-C1. Adds clause R4-D3 to
list.
51.2 - Revises and reformats the Alphanumeric Index to Clauses. Removes the following
obsolete clauses: R4-X4; R4-A3b; R4-A8; R4-A9; R4-A4; R4-B4; and R4-C1. Adds clause R4D3 under caption “Resource and Improvement Protection.”
51.3 – Adds Exhibit 01, R4 Terms and Conditions Use Chart, and lists mandatory clauses for
inclusion in certain special use authorizations identified by use code.
52 – Removes supplement 2709.11-95-8 to section 52 which identified mandatory clauses by use
code. Direction on inclusion of appropriate mandatory clauses by use code is included in the
appropriate section under 51.3.
52.1 through 52.8 – Consolidates all approved regional clauses into one supplement. Reformats
listing of clauses issued under previous 1995 regional supplements 2709.11-95-3; 2709.11-95-5;
2709.11-95-9; and 2709.11-95-10. Removes obsolete clauses R4-A3b; R4-A8; R4-A9; R4-B4;
R4-C1; and R4-X4. Revises clause R4-D5 Grizzly Bear Protection to remove incorrect use of
the word “termination” which implied a decision by an authorized officer. The definition of
termination was clarified in 36 CFR 251.51 (FR 65964, Nov. 30, 1995) to identify termination as
an action not subject to a decision by the authorized officer. Adds clause R4-D3 – Noxious
Weed/Exotic Plant Prevention and Control to section 52.8 – X Clauses, Miscellaneous.
R4 SUPPLEMENT 2709.11-2008-1
EFFECTIVE DATE: 08/26/2008
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 50 - TERMS AND CONDITIONS
51 - INDEX
51.1 – Title Index to Clauses
This supplement contains terms and conditions pertinent to specialized situations and needs for
Special Use Authorizations in Region 4. These conditions supplement both those printed on the
standard special-use authorization forms and those included in the parent text.
The Office of the General Counsel for Region 4 has reviewed these terms and conditions for
legal sufficiency. Direct inquiries to the appropriate Regional Forester staff if the applicability
of terms and conditions use in a specific situation is questioned. The Regional Forester in
consultation with the Regional Attorney must approve the use of any additional terms and
conditions or changes to any of those listed in this chapter or elsewhere in this handbook.
Include these terms at the end of the permit, unless otherwise directed in the user notes. Do not
strike out any of the standard clauses within the body of the authorization unless the instructions
for the specific clause indicate to do so. When adding special use permit clauses following the
printed clauses on special use permit forms, identify the particular standard clause used by letter
and number in parentheses, following the individual permit clause number and preceding the text
of the clause. For example, if standard clause "X-18" is used as clause 30 in a particular special
use permit, show as follows:
30. SUPERSEDED AUTHORIZATION (X-18).
This authorization supersedes a special use authorization designated: _____________.
Approved Region 4 terms and conditions for use in authorizations are as follows.
Title
Buried Utilities
Cultural Resource Survey
Emergency Evacuation
Fees, Outfitter/Guide
Fees, Outfitter/Guide
Fees, Recreation Event and Vendor/Peddler
Fees, Recreation Residence Guest Cabins
Grizzly Bear Protection
Hanta Virus
Instream Flows
Inter-Related Permits
Inter-Related Permits
Liability Waiver
Category and
Number
R4-D2
R4-X5
R4-B1
R4-A2
R4-A3
R4-A10
R4-A1
R4-D5
R4-B5
R4-D1
R4-E1
R4-E2
R4-B2
R4 SUPPLEMENT 2709.11-2008-1
EFFECTIVE DATE: 08/26/2008
DURATION: This supplement is effective until superseded or removed.
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Operating Plans
Noxious Weed/Exotic Plant Prevention and Control
Recycling
Rights-of-Way Management Plan
Salting
Security Deposits
Ski Area Closure
Unadjudicated Water Right
R4-X2
R4-D3
R4-D7
R4-X3
R4-D6
R4-D4
R4-B3
R4-E3
51.2 – Alphanumeric Index to Clauses
Category and
Number
Title
A
R4-A1
R4-A2
R4-A3
R4-A10
FEES AND PAYMENTS
Fees, Recreation Residence Guest Cabins
Fees, Outfitter/Guide
Fees, Outfitter/Guide
Fees, Recreation Event and Vendor/Peddler
B
SAFETY, HEALTH, LIABILITY, AND NONDISCRIMINATION
R4-B1
R4-B2
R4-B3
R4-B5
Emergency Evacuation
Liability Waiver
Ski Area Closure
Hanta Virus
C
DEVELOPMENT, CONSTRUCTION, AND PERFORMANCE BONDS
D
RESOURCE AND IMPROVEMENT PROTECTION
R4-D1
R4-D2
R4-D3
R4-D4
R4-D5
R4-D6
R4-D7
Instream Flows
Buried Utilities
Noxious Weed/Exotic Plant Prevention and Control
Security Deposits
Grizzly Bear Protection
Salting
Recycling
R4 SUPPLEMENT 2709.11-2008-1
EFFECTIVE DATE: 08/26/2008
DURATION: This supplement is effective until superseded or removed.
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Category and
Number
Title
E
TENURE, TERMINATION, REVOCATION, AND LIMIT OF USE
R4-E1
R4-E2
R4-E3
Inter-Related Permits
Inter-Related Permits
Unadjudicated Water Rights
F
FIRE
G
ROADS
X
MISCELLANEOUS
R4-X2
R4-X3
R4-X5
Operating Plans
Rights-of-Way Management
Cultural Resource Survey
51.3 – Terms and Conditions Use Chart
Exhibit 01 shows mandatory terms and conditions for each type of use in R4.
R4 SUPPLEMENT 2709.11-2008-1
EFFECTIVE DATE: 08/26/2008
DURATION: This supplement is effective until superseded or removed.
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51.3 – Exhibit 01
R4 TERMS AND CONDITIONS USE CHART
MANDATORY IN SPECIAL-USE AUTHORIZATIONS AS FOLLOWS
R4-A1
R4-A2
R4-A3
R4-A10
R4-B2
R4-B3
R4-D6
R4-E3
X-18
Use Code 123: If permit authorizes guest cabin.
Use Code 153: Use in Outfitter/Guide authorizations when the outfitter elects
Option A.
Use Code 153: Use in Outfitter/Guide authorizations when the outfitter elects
Option B.
Use Codes: 149 and 158: Use in Recreation Event and Vendor/Peddler
authorizations where the total fee is based upon a percentage of adjusted gross
receipts generated by the authorized activities. Use in conjunction with clause
A-7 (Access to Records).
Use Codes: 134, 142, 143, 144, 145, 146, 147, 148, 149, 151, 152, 153, 154,
161, 162, 163, 164, 165. Use in outfitter/guide and any commercial service
authorizations.
Use Code 161: Use in Ski Area Permits.
Use Code 153: Use in Outfitter/Guide permits involving the use of pack or
saddle stock in designated wilderness.
Use Codes 916, 925, 926: Use in FS-2700-9a, Ditch Bill Easement under
Special Provisions when issued to holders who have a water right that has not
yet been adjudicated by a State court proceeding.
Include in all use codes easements EXCEPT: Easements under use code 741,
751, 752, 916, 925, and 926. Include this clause upon reissuance as a result of
change of ownership or termination and authorization is renewed.
52.1 - A Clauses - Fees and Payments
1. Fees for Recreation Residence Guest Cabins. For mandatory use in Recreation
Residence permits authorizing separate additional sleeping structures:
(R4-A1) Fees - Recreation Residence Guest Cabins
For each additional sleeping structure (guest cabins, and so forth), the annual fee shall be
increased by $100 or 25 percent of the current adjusted base fee, whichever is greater.
2. Outfitter/Guide Permit Fee Clauses.
a. For mandatory use in Outfitter/Guide permits when the outfitter elects Option A:
(R4-A2) Fees - Outfitter/Guide
R4 SUPPLEMENT 2709.11-2008-1
EFFECTIVE DATE: 08/26/2008
DURATION: This supplement is effective until superseded or removed.
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The annual fees due the United States for the activities authorized by this permit shall,
subject to applicable minimum requirements, be based on average adjusted service-day
client charge according to the following schedule:
Outfitter's Average Adjusted Serviceday Client Charge
$ 1.00- 8.00
8.01- 20.00
20.01- 35.00
35.01- 50.00
50.01- 75.00
75.01-100.00
100.01-125.00
125.01-150.00
150.01-175.00
175.01-200.00
200.01-250.00
250.01-300.00
300.01-400.00
Over $400
Service-day Fee
Due the Forest Service
$ 0.25
0.40
0.80
1.30
1.90
2.60
3.40
4.10
4.90
5.60
6.75
8.25
10.00
3% of adjusted service-day client
charge
The fee may be reduced based on the amount of time the outfitter's customers occupy
National Forest System lands and waters in relation to the total duration of the outfitted
trip, according to the following:
Percent of Time on National Forest System
Lands & Waters
Fee Reduction
< 5%
5-60%
> 60%
80%
40%
None
An additional fee, subject to periodic adjustments, will be paid for each site reserved for
use during the permitted period of occupancy. Fees for grazing of domestic livestock in
conjunction with the outfitting operation will be as provided in FSM 2238.
b. For mandatory use in Outfitter/Guide permits when the outfitter elects Option B:
(R4-A3) Fees - Outfitter/Guide
The annual fees due the United States for the activities authorized by this permit shall be 3
percent of the adjusted gross revenue, subject to applicable minimum requirements,
R4 SUPPLEMENT 2709.11-2008-1
EFFECTIVE DATE: 08/26/2008
DURATION: This supplement is effective until superseded or removed.
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estimated prior to the operating season. The fee may be reduced based on the amount of
time the outfitter's customers occupy National Forest System lands and waters in relation
to the total duration of the outfitted trip, according to the following:
Percent of Time on
National Forest System
Lands & Waters
Fee Reduction
< 5%
5-60%
> 60%
80%
40%
None
An additional fee, subject to periodic adjustments, will be paid for each site reserved for
use during the permitted period of occupancy. Fees for grazing of domestic livestock in
conjunction with the outfitting operation will be as provided in FSM 2238.
c. For mandatory use in Outfitter/Guide permits issued in conjunction with
resort/lodge permits whose fees are determined by the Graduated Rate Fees System
(GRFS):
3. Recreation Event and Vendor/Peddler.
(R4-A10) Fees - Recreation Event and Vendor/Peddler
For use in Recreation Event and Vendor/Peddler special use authorizations where the total
fee is based upon a percentage of adjusted gross receipts generated by the authorized
activity(ies). Use in conjunction with clause A-7 (Access to Records).
The fee for this use will be
% of adjusted gross receipts generated by the activity(ies)
authorized by this permit. The holder shall pay in advance a sum of $
. This is a fee
amount based upon an estimate of the adjusted gross receipts to be generated by the
authorized activity(ies). Upon completion of the authorized activity(ies), the holder shall
provide to the Forest Service, pursuant to Clause
of this permit, a copy of the holder's
records of gross and adjusted gross receipts. Using those records, the actual fee for this
use will be calculated by the authorized officer. An adjustment in fees will then be made
to make the actual fee amount due commensurate with the rate of
% of the total
adjusted gross receipts.
52.2 - B Clauses - Safety, Health, Liability, and Nondiscrimination
1. Emergency Evacuation. For optional use in Outfitter/Guide permits with the potential
for helicopter rescue situations:
(R4-B1) Emergency Evacuation
R4 SUPPLEMENT 2709.11-2008-1
EFFECTIVE DATE: 08/26/2008
DURATION: This supplement is effective until superseded or removed.
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In the event of emergency rescue involving the holder or his clients which requires
helicopter evacuation, the holder will be responsible for the cost of such rescue.
2. Liability Waiver. For mandatory use in Outfitter/Guide and Commercial Service
permits. Exhibit 01 is a sample Visitor's Acknowledgment of Risk form that may be used in
conjunction with this clause.
(R4-B2) Liability Waiver
The holder will not request or require clients and/or customers to sign a liability waiver
which releases the outfitter from responsibility for injury or damage resulting from the
outfitter's negligence for activities authorized by this permit. The holder may, however,
advise such persons of the risks involved and have them sign a Visitor's Acknowledgment
of Risk, provided a copy of the proposed form has been submitted to and approved by the
issuing Forest Officer.
R4 SUPPLEMENT 2709.11-2008-1
EFFECTIVE DATE: 08/26/2008
DURATION: This supplement is effective until superseded or removed.
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52.2 - Exhibit 01
VISITOR'S ACKNOWLEDGMENT OF RISK
(SAMPLE)
I recognize that there is an element of risk in any adventure, sport, or activity associated with the
outdoors. I am fully cognizant of the risks and dangers inherent in (activity) and have been
informed of known special hazards in such activity. A copy of a notice of such hazards is
attached hereto and made a part hereof, and I, and the adult members of my family, have read the
same. I certify that my family and I, including minor children, are fully capable of participating
in the said activity.
Therefore, I assume full responsibility for personal injury to myself and/or to members of my
family, or for loss or damage to my personal property and expenses thereof as a result of my
negligence or the negligence of my family participating in said activity except to the extent such
damage or injury may be due to the negligence of (concessionaire). I further understand that
(concessionaire) reserves the right to refuse any person it judges to be incapable of meeting the
rigors and requirements of participating in
(activity)
.
Self:
Spouse:
Minor Children:
I have read, understand, and accept the terms and conditions stated herein and acknowledge that
this agreement shall be effective and binding upon the parties during the entire period of
participation of the said activity.
Parent/Guardian:
Customer Signature:
Date:
(If both parents are in attendance, both should sign.)
(Form may be modified to provide for the signature of each individual member of a group.)
R4 SUPPLEMENT 2709.11-2008-1
EFFECTIVE DATE: 08/26/2008
DURATION: This supplement is effective until superseded or removed.
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3. Ski Area Closure. For use at "N" in new Ski Area permits (FS-2700-24):
(R4-B3) Ski Area Closure
The holder is authorized, in the interest of public safety, to restrict public access to portions
of the development area and/or areas immediately adjacent to its boundary, pursuant to the
development area boundary management plan.
4. Hanta Virus. For use in recreation lodging permits when there is a threat of possible
hanta virus.
(R4-B5) Hanta Virus
The permittee hereby acknowledges that s/he is aware of the possible presence of hanta
virus in facilities authorized under this permit. The hanta virus is found primarily in deer
mouse saliva, urine, and feces, and is potentially lethal to humans. Evidence of the virus
has also been found in other rodent species such as pinon mice, brush mice, and western
chipmunks. Infection can occur through inhalation of infected saliva or excreta as
aerosols produced directly from the animal, or through dried materials when infected
rodent excreta are disturbed directly, introducing it into broken skin, the eyes, or ingested
with contaminated food or water. Persons have also become infected after being bitten by
rodents. Risk of infection is greatest in areas such as human residences in rural and semirural areas, and in dark places frequented or inhabited by rodents where carriers of the
virus and their droppings are likely to be present.
Activities authorized by this permit will be taking place in facilities where there has been
known rodent activity in the past, and where there is a high probability of the presence of
hanta virus. The permittee further acknowledges that s/he is responsible for taking any and
all necessary precautions to prevent infection by hanta virus, and that the United States and
Forest Service make no representations as to the effectiveness of any measures that may be
taken by the permittee to prevent infection.
52.3 – C Clauses - Development, Construction, and Performance Bonds
52.4 – D Clauses - Resource and Improvement Protection
1. Instream Flows. For optional use in permits for dams, ditches, impoundments, and
diversions when minimum streamflows are required:
(R4-D1) Instream Flows
The holder shall assure that the discharge from the project area is a continuous, minimum
flow of
cubic feet per second (cfs), as measured immediately below the point of
proposed diversion. No diversion of water will be permitted between (dates) , or such
other periods, when the natural flow is less than
cfs. To maintain channel competence,
R4 SUPPLEMENT 2709.11-2008-1
EFFECTIVE DATE: 08/26/2008
DURATION: This supplement is effective until superseded or removed.
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the holder shall release flows during the peak runoff period in accordance to the release
schedule made part of this authorization as Exhibit
.
2. Buried Utilities. For optional use in permits when esthetic or public safety
consideration require underground utilities:
(R4-D2) Buried Utilities
All new or replacement telephone and power transmission or distribution lines of
kV or
less will be underground except where prohibited by technical circumstances. The burden
of proof for deviation from this requirement rests with the holder. Deviation will be
authorized only after review of the facts by the Forest Supervisor. Approval or denial will
be in writing.
3. Noxious Weed/Exotic Plant Prevention and Control: Use this clause in all
authorizations involving ground disturbance which could result in the introduction or spread of
noxious weeds and/or exotic plants. This clause may also be used where cooperative agreements
for noxious weed control are in place with state and local governments.
(R4-D3) Noxious Weed/Exotic Plant Prevention and Control:
The holder shall be responsible for the prevention and control of noxious weeds and/or
exotic plants of concern on the area authorized by this authorization and shall provide
prevention and control measures prescribed by the Forest Service. Noxious weeds/exotic
plants of concern are defined as those species recognized by (county weed
authority/national forest) in which the authorized use is located.
The holder shall also be responsible for prevention and control of noxious weed/exotic
plant infestations which are not within the authorized area, but which are determined by
the Forest Service to have originated within the authorized area
When determined to be necessary by the authorized officer, the holder shall develop a sitespecific plan for noxious weed/exotic plant prevention and control. Such plan shall be
subject to Forest Service approval. Upon Forest Service approval, the noxious weed/exotic
plant prevention and control plan shall become a part of this authorization, and its
provisions shall be enforceable under the terms of this authorization
4. Grizzly Bear Protection. For optional use in permits for activities which may affect
grizzly bears:
(R4-D5) Grizzly Bear Protection
This special use authorization includes land which is part of the habitat of the grizzly bear.
Therefore, in compliance with Forest Service responsibilities under the Endangered
R4 SUPPLEMENT 2709.11-2008-1
EFFECTIVE DATE: 08/26/2008
DURATION: This supplement is effective until superseded or removed.
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Species Act of 1973, 16 U.S.C. 1531, the following conditions apply to this special use
authorization:
a. The Forest Service Authorized Officer may order an immediate temporary
suspension of all human activities permitted by this authorization and, if needed,
revoke the special use authorization when, in his/her judgment, such action is
necessary in order to prevent confrontation or conflict between humans and grizzly
bears. The holder shall immediately comply with such order. The United States
shall not be liable for any consequences from such a suspension or revocation.
Suspension or revocation, may be appealed to the next higher level, as provided in
Secretary of Agriculture Regulations.
b. The holder, his/her agents, employees, contractors, and subcontractors will
comply with the requirements of the attached Grizzly Bear Management and
Protection Plan dated
in the conduct of any and all activities
authorized. The Forest Service Authorized Officer may review and revise the plan
as needed.
c. The holder assumes full responsibility and shall hold the United States harmless
from any and all claims by him/her or by third parties for any damages to life or
property arising from the activities authorized by this special use authorization and
encounters with grizzly bears, or from suspension or revocation of activities
authorized by this special use authorization.
d. Intentional or negligent acts by the holder, his/her agents, employees,
contractors, and subcontractors that result in injury or death of a grizzly bear will
be cause for revocation of this authorization in whole or in part.
e. Failure to comply with provisions a, b, or c may result in suspension or
revocation, of this authorization in whole or in part, and may cause criminal action
to be taken against the holder under provisions of the Endangered Species Act of
1973, as amended, or other applicable authority.
The Grizzly Bear Management and Protection Plan provided for in paragraph b above will,
as a minimum, address the following:
a. Camp locations and period of time each location is to be used.
b. Areas to avoid or enter, by type of activities, schedule.
c. Seasonal or other human activity limitations.
d. Livestock and Pets: 1) by location; 2) numbers: 3) types (horses, dogs, and so
forth); and 4) treatment of carcasses.
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DURATION: This supplement is effective until superseded or removed.
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e. Food Storage: 1) livestock and pets; and 2) human.
f. Food preparation and cleanup.
g. Garbage and Refuse Disposal: 1) livestock and pets; and 2) human.
h. Storage of game meat, if applicable.
i. Suggestions for minimizing direct conflict.
j. Human safety.
5. Salting. For mandatory use in Outfitter and Guide permits involving the use of pack or
saddle stock in designated Wilderness:
(R4-D6) Salting
The possession or distribution of salt is prohibited except as provided for in the Operating
Plan for pack or saddle stock nutrition, trophy preservation, and culinary use. Periods of
use, location, and method of livestock utilization will be provided by the holder and
approved by the Forest Service Authorized Officer.
Suggested Operating Plan discussion on salting:
Salt will not be considered necessary for livestock nutrition, and therefore not permissible,
when livestock are in the National Forest for periods of less than
days. When
permissible, salt will be provided by: 1) mixing with grain and fed in individual portions
(nosebag or feedpan)--preferred method; or 2) in block form, secured in a waterproof
container so as to prevent soil contamination, and located only where livestock feeding is
approved. It will be permitted only during periods of scheduled livestock use and will be
removed when stock are to be gone for more than 24 hours.
6. Recycling. For optional use in in authorizations where recycling is desired and
appropriate:
(R4-D7) Recycling
The holder shall incorporate waste reduction/prevention and recycling in daily operations
and is encouraged to use recycled and/or environmentally preferable products (i.e.;
biodegradeable products, post consumer recycled products, etc.). Materials considered
recyclable include, but are not limited to the following: (*FOREST FILLS IN
MATERIALS THAT ARE RECYCLABLE LOCALLY). Materials shall be recycled by
the holder if drop off stations, recycling centers or transfer stations are available and if
recycling can be accomplished in a similar manner as other waste disposal methods (i.e.;
cost to the holder or distance of haul compared to other waste disposal methods). The
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DURATION: This supplement is effective until superseded or removed.
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holder shall handle, transport, store, and remove all recyclable materials listed above in a
safe and healthy manner, in accord with all applicable laws and regulations.
52.5 – E Clauses – Tenure, Termination, Revocation, and Limit of Use
Inter-Related Permits. For optional use in both permits when two separate permits are interrelated and management of each dictates that they must continue to operate by the same entity:
(R4-E1) Inter-Related Permits
The uses authorized by this permit and by the (type of permit) permit issued to (holder)
on (date) , are interdependent and neither will be allowed to be operated or transferred
to a separate entity.
(R4-E2) Inter-Related Permits
This authorization is for road access to a single-family residence. If the private property
which this road accesses is subdivided, this permit becomes invalid. The property
owner(s) must form and join a Homeowners Association incorporated in this state and
recognized by
County. The Forest Service may then issue an authorization for
the road to the Homeowners Association which will be responsible for maintaining the
road and related improvements to County standards.
Water Right. Insert the following clause, as Clause "C" under "Special Provisions", number 11,
in FS-2700-9a, when issuing such an easement to applicants who hold a water right that has not
yet been adjudicated by a State court proceeding:
(R4-E3) Unadjudicated Water Right
Should, subsequent to the issuance of this easement, a State water rights adjudication
proceeding nullify or modify the Holder's right to the use of the water being stored and/or
conveyed by the facilities authorized by this easement such that it eliminates the Holder's
need for those facilities for agricultural irrigation or livestock watering purposes, then
coincidental with the date of those proceedings, this easement wisll expire on its own
terms. Upon expiration, all right, title, and interest in and to the subject easement area
shall revert to the United States, its successors or assigns.
52.6 - F Clauses - Fire
52.7 - G Clauses - Roads
52.8 - X Clauses - Miscellaneous
1. Operating Plans, Operation and Maintenance Plans, Rights-of-Way Management Plans.
R4 SUPPLEMENT 2709.11-2008-1
EFFECTIVE DATE: 08/26/2008
DURATION: This supplement is effective until superseded or removed.
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a. For optional use in permits when supplemental plans are necessary to control
specific uses, construction, operation, and maintenance impacts.
(R4-X2) Operating Plans
The holder shall prepare the following plan(s), in consultation with the Forest Service, and
submit said plan(s) for approval by the listed dates.
(plan name)
(plan name)
(plan name)
(plan name)
(due dates)
(due dates)
(due dates)
(due dates)
Written approval of said plans by the Forest Service Authorized Officer is prerequisite to
commencement of holder's operations or maintenance. Upon reasonable notice to the
Forest Service, plans may be revised when necessitated by weather or other unpredictable
circumstances. Plan revisions will be subject to written approval by the Forest Service
Authorized Officer.
When said plan(s) is(are) submitted, it(they) will be marked as Exhibit(s)
attached hereto and become a part of this permit.
and shall be
b. For optional use in right-of-way authorizations when supplemental right-of-way
management plans are appropriate:
(R4-X3) Rights-of-Way Management Plans
The holder shall operate and maintain the right-of-way, authorized facilities, and access
roads in a manner consistent with National Forest System land and resource management
objectives and policies. To meet this requirement, the holder shall prepare a right-of-way
management plan and submit it to the Forest Service prior to completion of project
construction (or, by date ). The plan will identify specific management and
protection objectives and practices by location, and identify responsibilities and schedules.
The right-of-way management plan will become a part of this authorization when approved
by the Forest Service, and shall be jointly reviewed and revised periodically, according to
its terms.
2. Cultural Resource Survey. For optional use when requiring the permit holder to
provide a cultural resource survey:
(R4-X5) Cultural Resource Survey
The holder will provide to the authorized officer a cultural resource survey of the area to be
affected by ground distrubing activities. This survey will be done in advance of the ground
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EFFECTIVE DATE: 08/26/2008
DURATION: This supplement is effective until superseded or removed.
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disturbing activities, and will be conducted by a qualified archeologist in accordance with
Forest Service and State standards and guidelines.