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FOREST SERVICE HANDBOOK
PACIFIC NORTHWEST REGION (REGION 6)
PORTLAND, OREGON
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 50 – TERMS AND CONDITIONS
R6/PNW Supplement No.: 2709.11-2013-2
Effective Date: March 25, 2013
Duration: This supplement is effective until superseded or removed.
Approved: Maureen T. Hyzer
For the Regional Forester
Date Approved: 3/25/2013
Posting Instructions: (Regional supplements are printed on blue paper) 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 R6 Supplement No. 2709.11-2013-1
to chapter 50
New Document
R6 Supplement 2709.11-2013-2, to Chapter
50
9 Pages
Superseded Document(s)
by Issuance Number and
Effective Date
R6 Supplement 2709.11-2013-1, to Chapter
50
9 Pages
Digest:
Changes from “R6 D-1 Category and Number” to “R6 D-7 Category and Number”. R6 D-7
Invasive Plant Presentation and Control clause has been added. In accordance with the Record
of Decision signed October 2005, this supplement will assure compliance with all the new
Prevention and Control Standards for the Invasive Plant Program in Region 6.
R6 SUPPLEMENT FSH-2709.11-2013-2
EFFECTIVE DATE: March 25, 2013
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.11 - SPECIAL USES HANDBOOK
CHAPTER 50 - TERMS AND CONDITIONS
TABLE OF CONTENTS
51 - INDEX. ................................................................................................................... 3
51.1 - Title Index to Clauses. ..................................................................................................... 3
51.2 - Alphanumeric Index to Clauses....................................................................................... 4
B 4 Safety, Health, Liability and Nondiscrimination ............................................................ 4
D 4 Resource and Improvement Protection ........................................................................... 4
X 4 Miscellaneous Clauses .................................................................................................... 4
52 - Supplemental terms and conditions. ................................................................. 4
52.2 - B Clauses - Safety, Health, Liability, and Nondiscrimination. ....................................... 4
R6 B4 - Ski Touring Guide Requirement. ............................................................................. 4
R6 B5 - Emergency Rescue, Helicopter Cost Recovery. ....................................................... 5
R6 B7 – Indemnification of United States – State of Oregon. ............................................... 5
52.4 - D Clauses – Resource and Improvement Protection. ...................................................... 7
R6 D-7 Invasive Plant Prevention and Control...................................................................... 7
53 - AUTHORIZATION DOCUMENTS. ........................................................................ 7
53.9 - X – Miscellaneous Clauses. ............................................................................................. 7
R6 X1 - Club Requirements. .................................................................................................. 7
R6 X8 - Boat Identity for Outfitter-Guides. ........................................................................... 8
R6 X11 - Campsite Authorizations. ....................................................................................... 8
R6 X15 - Arbitration, Communication Uses Lease. .............................................................. 8
R6 SUPPLEMENT FSH-2709.11-2013-2
EFFECTIVE DATE: March 25, 2013
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.11 - SPECIAL USES HANDBOOK
CHAPTER 50 - TERMS AND CONDITIONS
This chapter contains terms and conditions pertinent to specialized situations and needs for
Special Use Authorizations in Region 6. These conditions supplement both those printed on the
standard special-use authorization forms and those included in parent text.
The Office of General Counsel for Region 6 has reviewed these terms and conditions for legal
sufficiency. If the applicability of their use in a specific situation is questioned, direct inquiries
to the appropriate Regional Forester staff. 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 the handbook.
51 - INDEX.
51.1 - Title Index to Clauses.
Title
Boat Identity, Outfitter Guides
Campsite Authorizations
Club Requirements
Helicopter Rescue Cost Recovery
Ski Touring Guide Requirement
Indemnification of United States – State of Oregon
Invasive Plant Prevention and Control
Arbitration of Disputes, Communications Leases
Category and Number
R6 X8
R6 X11
R6 X1
R6 B5
R6 B4
R6 B7
R6 D-7
R6 X15
R6 SUPPLEMENT FSH-2709.11-2013-2
EFFECTIVE DATE: March 25, 2013
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 50 - TERMS AND CONDITIONS
51.2 - Alphanumeric Index to Clauses.
Following is a list of Region 6 clauses in section 53 for use in special use permits.
Category and
Number
Title
B
R6 B4
R6 B5
R6 B7
SAFETY, HEALTH, LIABILITY AND NONDISCRIMINATION
Ski Touring Guide Requirement
Emergency Rescue, Helicopter Cost Recovery
Indemnification of United States – State of Oregon
D
R6 D-7
RESOURCE AND IMPROVEMENT PROTECTION
Invasive Plant Prevention and Control
X
R6 X1
R6 X8
R6 X11
R6 X15
MISCELLANEOUS CLAUSES
Club Requirements
Boat Identity for Outfitter-Guides
Campsite Authorizations(Outfitter-Guides
Arbitration of Disputes, Communications Leases
52 - SUPPLEMENTAL TERMS AND CONDITIONS.
Approved Region 6 terms and conditions for use in permits are listed below.
52.2 - B Clauses - Safety, Health, Liability, and Nondiscrimination.
R6 B4 - Ski Touring Guide Requirement.
Optional for use in outfitter-guide permits for skiing, especially where snow avalanche hazards
may exist. (May include in operating plan rather than a condition in permit).
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EFFECTIVE DATE: March 25, 2013
DURATION: This supplement is effective until superseded or removed.
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The holder shall assure that:
a. Each skier and guide has a working avalanche radio transceiver operating on a frequency
of 2275 Hz.
b. Avalanche rescue equipment and emergency first-aid winter survival equipment is
readily available to each party.
c. Guides meet the following requirements:
(1) Completed at least 40 hours of formalized avalanche training through the National
Avalanche School, avalanche institute, or equivalent.
(2) At least one season's recent experience as a guide or ski area patrol person.
(3) Training in emergency first-aid and winter rescue.
(4) Be a qualified avalanche blaster where explosives are to be used for avalanche
control.
The following stipulation shall be added to those ski touring permits where helicopters are used
to transport clients:
The holder shall assure that all employees involved with the helicopter operation fully
understand passenger loading and unloading procedures for the helicopter.
R6 B5 - Emergency Rescue, Helicopter Cost Recovery.
Optional for use in outfitter-guide permits.
In the event of emergency rescues which require helicopter evacuation involving the holder or
holder's clients, the holder will be responsible for the cost of the rescues.
R6 B7 – Indemnification of United States – State of Oregon.
For permits issued to departments and agencies of the State of Oregon, the following clause can
be used in lieu of standard clause B8.
Indemnification of the United States. Subject only to the limits on the holder’s liability under the
Oregon Tort Claims Act (OTCA), Or. Rev. Stat. §§ 30.260 through 30.300, the holder shall
indemnify defend, and hold harmless the United States for any costs, damages, claims, liabilities,
and judgments arising from past, present, and future acts or omissions of the holder in
connection with the use and occupancy authorized by this permit. This indemnification and hold
harmless provision includes but is not limited to acts and omissions of the holder or the holder's
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EFFECTIVE DATE: March 25, 2013
DURATION: This supplement is effective until superseded or removed.
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heirs, assigns, agents, employees, contractors, or lessees in connection with the use and
occupancy authorized by this permit which result in: (1) violations of any laws and regulations
which are now or which may in the future become applicable, and including but not limited to
those environmental laws listed in clause III.B. of this permit; (2) judgments, claims, demands,
penalties, or fees assessed against the United States; (3) costs, expenses, and damages incurred
by the United States; or (4) the release or threatened release of any solid waste, hazardous waste,
hazardous substance, pollutant, contaminant, oil in any form, or petroleum product into the
environment.
Damage to United States Property. The holder has an affirmative duty to protect from injury and
damage the land, property, and other interest of the United States. Damage includes but is not
limited to fire suppression costs and all costs and damages associated with or resulting from the
release or threatened release of a hazardous material occurring during or as a result of activities
of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees on, or
related to, the lands, property, and other interests covered by this permit. For purposes of clause
IV.D, “hazardous material" shall mean any hazardous substance, pollutant, contaminant,
hazardous waste, oil, and/or petroleum product, as those terms are defined under any Federal,
State, or local law or regulation.
1. The holder shall avoid damaging or contaminating the environment, including but not
limited to the soil, vegetation (such as trees, shrubs, and grass), surface water, and
groundwater, during the holder's use and occupancy of the site. If the environment or any
government property covered by this permit becomes damaged during the holder's use and
occupancy of the site, the holder shall immediately repair the damage or replace the damaged
items to the satisfaction of the authorized officer and at no expense to the United States.
2. Subject only to the limits on the holder’s liability under the Oregon Tort Claims Act, Or.
Rev. Stat. §§ 30.260 through 30.300, the holder shall indemnify the United States for any
damages arising out of the holder's use and occupancy authorized by this permit. The holder
shall be liable for all injury, loss, or damage, including fire suppression, or other costs
associated with rehabilitation or restoration of natural resources, associated with the holder's
use or occupancy. Compensation shall include but is not limited to the value of resources
damaged or destroyed, the costs of restoration, cleanup, or other mitigation, fire suppression
or other types of abatement costs, and all administrative, legal (including attorney's fees), and
other costs in connection therewith.
3. With respect to roads, the holder shall be liable for damages to all roads and trails of the
United States open to public use caused by use of the holder or the holder's heirs, assigns,
agents, employees, contractors, or lessees to the same extent as provided under clause
IV.D.1, except that liability shall not include reasonable and ordinary wear and tear.
R6 SUPPLEMENT FSH-2709.11-2013-2
EFFECTIVE DATE: March 25, 2013
DURATION: This supplement is effective until superseded or removed.
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52.4 - D Clauses – Resource and Improvement Protection.
R6 D-7 Invasive Plant Prevention and Control.
This clause shall be used in all authorizations for rights-of-way and uses involving ground
disturbance which could result in the introduction or spread of invasive plants. This clause may
also be used where cooperative agreements for invasive plant/weed control are in place with state
and local governments.
1. The holder shall be responsible for the prevention of establishment, spread or introduction, as
well as the control of invasive plants of concern on the area authorized by this clause and
shall provide prevention and control measures prescribed by the Forest Service. These
prevention and control practices shall include those Standards and Guidelines included in
local Forest Land Management Resource Plans, as amended by the FY 2005 Record of
Decision for the Pacific Northwest Region (R6) Invasive Plant Program. Invasive plants of
concern are defined as those species recognized by the county weed authority in which the
authorized use is located or as listed in the 2005 Region 6 Invasive Plant Program FEIS
(Appendix B) for Forest Service Lands in Oregon and Washington.
2. The holder shall also be responsible for prevention and control of invasive plant infestations
which are not within the authorized area, but which are determined by the Forest Service to
have originated with the authorized area.
3. When determined to be necessary by the authorized officer, the holder shall develop a sitespecific plan for invasive plant prevention and control. Such plan shall be subject to Forest
Service approval in advance of implementation, including control measures proposing the
use of any herbicides. Upon Forest Service approval, the invasive plant prevention and
control plan shall become a part of this authorization, and its provisions shall be enforceable
under the terms of this authorization.
53 - AUTHORIZATION DOCUMENTS.
53.9 - X – Miscellaneous Clauses.
R6 X1 - Club Requirements.
The following clause is mandatory for all new club permits when current permits issued to clubs
expire (FSM 2347.2):
a. Individual or family ownership of any portion of a club building and facilities is not
permitted. Such ownership will be common to the club organization.
b. Club members shall enjoy common rights and shall be treated equally with regard to all
privileges and facilities under this permit.
R6 SUPPLEMENT FSH-2709.11-2013-2
EFFECTIVE DATE: March 25, 2013
DURATION: This supplement is effective until superseded or removed.
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c. On new or remodeled buildings, at least
percent of the space allocated for sleeping
must be dormitory-type accommodations.
d. The holder must keep a current record of use of the permitted area by members and
guests. This record must be made available for review upon request of the Forest
Service.
e. Club bylaws must be approved by the Forest Service. The above requirements (a-d) must
be supported in the aforementioned bylaws.”
R6 X8 - Boat Identity for Outfitter-Guides.
Optional for use in outfitter- guide permits involving water use activities.
All watercraft will be marked with company names and an individual boat number to aid in
compliance checking of operations. The marking will be described in the annual operating plan.
R6 X11 - Campsite Authorizations.
Optional for use in outfitter-guide permits.
Authorization to use the campsites designated on the map attached to this permit does not
establish the right of exclusive use of these campsites by the holder.
R6 X15 - Arbitration, Communication Uses Lease.
Mandatory for use with all communication leases.
1. Should a dispute arise between Lessee and other <enter name of Site> Communication Site
lessees or between Lessee and the customers/tenants of Lessee’s communications facility,
regarding interference or other issues on the <enter name of Site> Communications Site,
Lessee, and the entity with which it has a dispute shall first attempt to resolve the dispute among
themselves. If Lessee does not resolve a dispute, Lessee shall submit the dispute for binding
arbitration in accordance with the rules and procedures of the American Arbitration Association
(AAA). Any fees associated with AAA arbitration are the responsibility of Lessee and the other
entities involved in the dispute. The cost of the arbitration and the cost of implementation of the
arbitration resolution shall not be the responsibility of the Forest Service.
2. Any resolution of a dispute between Lessee and other <enter name of Site> Communication
Site lessees or between Lessee and the customers/tenants of Lessee’s communications facility
must be consistent with all Federal, State, and local laws, regulations, and policies.
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EFFECTIVE DATE: March 25, 2013
DURATION: This supplement is effective until superseded or removed.
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3. The Lessee will provide the Forest Service with a copy of any resolution resulting from an
arbitration required under this lease. The Forest Service reserves the right to review and suspend
or modify any arbitration resolution, but is not obligated to do so.
4. The Forest Service may revoke this lease if the Lessee fails to consent to arbitration or abide
by the resolution resulting from an arbitration required under this lease.