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2709.11_50
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FOREST SERVICE HANDBOOK
JUNEAU, ALASKA
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 50 – TERMS AND CONDITIONS
Supplement No.: R-10 2709.11-2006-6
Effective Date: December 22, 2006
Duration: Effective until superseded or removed.
Approved: /s/ Paul K. Brewster (for)
DENNIS E. BSCHOR
Regional Forester
Date Approved: 12/06/2006
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document name. Remove entire document and replace with this
supplement. Retain this transmittal as the first page of this document. The last supplement to
this Handbook was R-10 Supplement 2709.11-2006-5 to chapter 40.
New Document(s):
2709.11_50
19 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
2709.11_50 (2709.11-2003-6, 9/24/2003)
6 Pages
Digest:
51.1 – Adds Index Title to Clauses
51.2 – Adds Alphanumeric Index to Clauses
52 – Restores several ANILCA clauses which we lost when the regional ANILCA cabin permit
supplement was replaced by terms and conditions in the Special Uses Data System. Adds
several new clauses from other regions for Alaska Region use.
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EFFECTIVE DATE: 12/22/2006
DURATION: Effective until superseded or removed.
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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 10. These conditions supplement both those printed on the
standard special-use authorization forms and those included in the parent text.
The Office of General Counsel for Region 10 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.
Approved Region 10 terms and conditions for use in authorizations follow. These terms are
given 100-series numbers to differentiate in SUDS from previous supplements.
Title
Alienation of Property
ANILCA Facility Maintenance
ANILCA New Cabin Authorization
ANILCA Permit Tenure
ANILCA Permit Assignability
ANILCA Permit Termination
Archaeological – Paleontological Discoveries
Alienation of Property
Authorization on Lands subject to disposal
Assignability of Roads and Trails
Club Requirements
Conduct
Construction Plans and Materials
Contaminated Site Clean Up
Designation of Holder Representative
Emergency Rescue
Holder’s Operations
Inspection of Major Drainage Structures
Category
and
Number
R10-G102
R10-X103
R10-X104
R10-E101
R10-E103
R10-E104
R10-X106
R10-G102
R10-E105
R10-G103
R10-B104
R10-B101
R10-C101
R10-D101
R10-X101
R10-B102
R10-X105
R10-G101
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EFFECTIVE DATE: 12/22/2006
DURATION: Effective until superseded or removed.
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CHAPTER 50 – TERMS AND CONDITIONS
Title
Invasive Species Prevention and Control
Minimum Reservoir or Conservation Pool
Nonprofit Fish hatchery fee
No Proprietary Rights or Privileges
Performance Bond, Linear Right-of-Way
Regulation of Motorized Equipment in Wilderness and Wilderness Study Areas
Operation and Management Plans
Seasonal Site Management
Specified Reservoir Flow
Stream Flow
Termination of Authorization on Lands subject to disposal
Tide Lands
Use of Equipment in Wilderness and Wilderness Study Areas
Utility Installation
Category
and
Number
R10-D105
R10-D108
R10-A101
R10-E102
R10-C103
R10-D104
R10-C102
R10-D102
R10-D107
R10-D106
R10-E106
R10-X102
R10-D103
R10-B103
51.2 – Alphanumeric Index to Clauses
Category and
Number
Title
A
R10-A101
FEES AND PAYMENTS
Non-Profit Fish Hatchery Fees
B
R10-B101
R10-B102
R10-B103
R10-B104
SAFETY, HEALTH, LIABILITY, AND NONDISCRIMINATION
Conduct
Emergency Rescue
Utility Installation
Club Requirements
C
R10-C101
R10-C102
R10-C103
DEVELOPMENT, CONSTRUCTION, AND PERFORMANCE BONDS
Construction Plans and Materials
Operation and Management Plans
Performance Bond, Linear Right-of-Way
D
R10-D101
R10-D102
R10-D103
RESOURCE AND IMPROVEMENT PROTECTION
Contaminated Site clean Up
Seasonal Site Management
Use of Equipment in Wilderness and Wilderness Study Areas
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CHAPTER 50 – TERMS AND CONDITIONS
R10-D104
R10-D105
R10-D106
R10-D107
R10-D108
Regulations of Motorized Equipment in Designated Wilderness or Wilderness
Study Areas
Invasive Species Prevention and Control
Stream Flow
Specified Reservoir Flow
Minimum Reservoir or Conservation Pool
E
R10-E101
R10-E102
R10-E103
R10-E104
R10-E105
R10-E106
TENURE, TERMINATION, REVOCATION, AND LIMIT OF USE
ANILCA Permit Tenure
No Proprietary Rights or Privileges
ANILCA Permit Assignability
ANILCA Permit Termination
Authorization on Lands subject to disposal
Termination of Authorization on Lands subject to disposal
F
FIRE
G
R10-G101
R10-G102
R10-G103
ROADS
Inspection of Major Drainage Structures
Alienation of Property
Assignability of Roads or Trails
X
R10-X101
R10-X102
R10-X103
R10-X104
R10-X105
R10-X106
MISCELLANEOUS
Designation of Holder Representative
Tide Lands
ANILCA Facility Maintenance
ANILCA New Cabin and related structures
Holder’s Operations
Archaeological-Paleontological Discoveries
52 – Supplemental Terms and Conditions
52.1 – A Clauses – Fees and Payments
A-101. Nonprofit Fish Hatchery Fees. (R10-A101)
User Note: To be used for any nonprofit fish hatchery authorization. On
August 14, 1974, the State of Alaska passed legislation authorizing
operation of private, nonprofit salmon hatcheries. This use involves the
occupancy of National Forest System lands. The land use rental fee will
be made for the use and occupancy of National Forest System land, based
on a percent of capital investment and is two-tenths (0.2) of one percent of
the on-site investment with a minimum fee as shown in the Regional Fee
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EFFECTIVE DATE: 12/22/2006
DURATION: Effective until superseded or removed.
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CHAPTER 50 – TERMS AND CONDITIONS
Schedule, FSH 2709.11, Chapter 30. Fees are to be assessed on an annual
basis.
1. In consideration for this use, the permit holder shall pay to the Forest Service, United
States Department of Agriculture, the sum of $ (Dollars) for the period from
(date)
to (date) .
Thereafter, the annual fee will be whichever is the greater of the Regional minimum fee
or 0.2 of one percent of the value of the on-site investment located on the permitted site
as of the last day of the calendar year just ending, provided; however, that charges for this
use may be made or readjusted by the Forest Service, whenever necessary, to place the
charges on a basis commensurate with the value of said use.
Upon completion of the construction of the facilities authorized by this permit, the permit
holder will give the Forest Service a statement of its total investment on said site,
certified by the permit holder or its certified public accountant as being complete and
correct.
Any change in the facilities or an adjustment of a total investment will be reported to the
Forest Service within thirty (30) days of completion of such change in the form of a
revised statement of total investment, duly itemized and certified. The value of
improvements, such as buildings, and other structures, will be the cost of materials and
construction on the site. The value of equipment is its purchase or sale price including
transportation and does not include installation costs. Changes in investment will be
recognized only, if there is an increase or decrease in the value of the investment
resulting from additions or removals. They will not be made for appreciation or
depreciation.
Any necessary changes in the fee will be made as of the beginning of the calendar year.
2. The permit holder, prior to any development or construction under this permit, will
show evidence of available financing adequate to complete and operate the planned
project in the amount of $_______ within _______ months of the date of this permit.
Source: R10-FSH 2700-2003-3 dated 9/19/2003, section 2722.16 fish hatchery fees
Modification: number change to R10-A101
52.2 – B Clauses - Safety, Health, Liability, and Nondiscrimination
B-101. Conduct. (R10-B101)
User Note: For use in Outfitter/Guide and Commercial Service permits.
Use also in ANILCA facility authorizations.
In general, the holder is expected to behave in a professional demeanor regarding their
interactions with the Forest Service, other agencies, their peer group, and the people they
serve. Disorderly or objectionable conduct by the Holder, (or those occupying the
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DURATION: Effective until superseded or removed.
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premises with holder’s permission) may be cause for termination of this authorization.
The authorized officer shall determine whether or not “proof of disorderly conduct” is
sufficient to warrant termination of the authorization.
Source: R10-FSH 2709.11-91-1, Exhibit 01, ANILCA Cabin Special Use permit, clause 19. Supplement
dated 4/22/1991.
Modification: number change to R10-B101, language change recommended by Bruce Campbell, Cordova
RD.
B-102. Emergency Rescue. (R10-B102)
User Note: Optional for use. Recommended for use with Outfitter and
Guide permits.
In the event of rescue and evacuation involving the holder, and/or agents, employees,
and/or clients engaged in or conducting the activities authorized herein, the United States
shall not be responsible for the costs of such rescue and evacuation, or associated aid and
treatment.
Source: R1-2709.11-2000-1, dated February 8, 2000
Modification: number change to R10-B102
B-103. Utility Installation. (R10-B103).
User Note: Use in authorizations when appropriate. This provision
applies to permits authorizing construction of permanent facilities and to
linear rights-of-way.
The installation of utilities such as water, sewage, electricity, and natural or liquefied
petroleum gas, must conform to national, state, local, and industry standards.
Source: R2-2709.11-2006-1 clause R2-B-101
Modification: number change to R10-B103
B104. Club Requirements. (R10-B104).
User Note: This clause is mandatory for all new club permits and for all
current authorizations when they are reissued per FSM 2347.2. The
percents indicated in item c. are to be determined on a case by case basis
for each authorization. Progress over time in improving accessibility, and
maintaining group (as opposed to individual) resting space should be
clearly demonstrated.
a. Individual or family ownership of any portion of a club building and facilities is not
permitted. Such ownership shall be common to the club organization.
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EFFECTIVE DATE: 12/22/2006
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b. Club members shall enjoy common rights and shall be treated equally with regard to
all privileges and facilities under this permit.
c. On new or remodeled buildings, at least
percent of the space allocated for
sleeping must be dormitory-type accommodations. Male and female dormitory space
may be separately maintained.
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. Any changes to club bylaws must be submitted to the Forest Service for review. The
above requirements (a-d) must be supported in the aforementioned bylaws.
f. New club members may not be added per Section 1307 of ANILCA. This section of
ANILCA specifies persons providing visitor services prior to January 1, 1979, needed
to document their engagement in such activities in the original application for a special
use authorization.
Source: Civil Rights Title VI compliance, R6-2709.11-2005-1, dated December 27, 2005.
Modification: number change to R10-B104, Clause adapted to ANILCA clubs in AK
52.3 – C Clauses – Development, Construction, Operations, and
Performance Bonds
C101. Construction Plans and Materials. (R10-C101)
User Note: To be added to all ANILCA facilities special use
authorizations where construction of facilities placed on a permanent
foundation is approved. For optional use with other uses where
construction is being authorized.
All proposed permanent facilities will require that the applicant submit plans, which have
been certified by a State Licensed Engineer. These plans will be subject to review by the
Forest Service prior to any construction. The exterior of all new facilities shall be
constructed of materials which blend with and are compatible with the surrounding
environment.
Source: R10-FSH 2709.11-91-1, Exhibit 02, ANILCA Cabin Special Use permit, dated 4-22-1991
Modification: formerly clause number 14, number change to R10-C101
C102. Operation and Management Plan. (R10-C102)
User Note: For optional use in authorizations when an operation or
management plan is desirable to control specific uses, construction,
operation, or maintenance impacts. The Outfitter and Guide permit FS-
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2700-4i has a standard operating plan clause, so this regional clause
would be redundant – do not use in Outfitter and Guide permits.
The attached operation or management plan, described as Exhibit * , when currently
approved by the authorized officer this plan will become a part of this authorization. Its
terms and conditions are binding on the permit holder / grantee.
Source: R9-2709.11-2004-1, dated December 14, 2004
Modification: number change to R10-C102
C103. Performance Bond, Linear Right-of-Way. (R10-C103)
User Note: Use in all linear right-of-way construction permits.
The Holder shall provide a performance bond in the amount of (Amount) Dollars
($ (##) ) per mile or fraction thereof, for the total project before the start of any
construction. If the project is constructed in phases, each phase shall be covered by a
separate bond in the amount of (Amount)
($ (##) ) per mile or fraction thereof,
payable before the start of each phase of construction. Bonds are to guarantee the
construction of the project in accordance with approved plans and specifications and may
be used for site restoration in the event the project is not so constructed or is abandoned
or terminated. Bond(s) shall remain in force for a period five (5) years after the entire
project has been inspected, accepted, and has become operational.
The Authorized Officer shall notify surety when the project has been inspected and
accepted.
Source: R2-FSH-2709.11-2006-1, dated May 3, 2006
Modification: number change to R10-C103
52.4 – D Clauses - Resource and Improvement Protection
D101. Contaminated Site Clean Up (R10-D101).
User Note: To be added to all special use authorizations where hazardous
materials, including petroleum products, may be used or stored. . The
Outfitter and Guide permit FS-2700-4i has standard Compliance with
Environmental Laws and Clean-up and Remediation clauses, so this
regional clause would be redundant – do not use in Outfitter and Guide
permits.
Holder is responsible for notifying the Authorized Officer immediately upon the release
of a hazardous substance, pollutant or contaminant, or a discharge of oil. If lessee/holder
is unable to reach the Authorized Officer immediately, the lessee/holder shall contact the
National Response Center (at 1-800-424-8802, or as otherwise provided in 40 CFR
300.125) for guidance concerning whether the release will require immediate response by
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EFFECTIVE DATE: 12/22/2006
DURATION: Effective until superseded or removed.
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regulatory response entities. The terms hazardous substance, pollutant or contaminant
and oil are as defined in CERCLA and the Clean Water Act at 42 U.S.C. 9601(14); 42
U.S.C. 9601(33); and 33 U.S.C. 1321(a)(1), respectively.
The National Contingency Plan (NCP), 40 CFR 300, may apply to discharges of oil or
releases of hazardous substances, pollutants, or contaminants. The NCP provides specific
procedures for federal, state and local authorities to take to ensure coordinated and
effective response to discharges and releases, and contains procedures for determining the
applicable cleanup standards.
For all releases or discharges on, from, or affecting National Forest System lands or
resources, the Forest Service will coordinate with appropriate regulatory entities to lead,
oversee, and/or facilitate the cleanup. Pursuant to authorities outlined in Executive Order
12580, as amended by EO 13016, the FS retains lead agency authority for removal
actions of CERCLA hazardous substance releases on NFS lands. As per the
Memorandum of Understanding between the USFS and the Alaska Department of
Environmental Coordination (FS Agreement 02MU111001-010), the FS will ensure that
non-CERCLA contaminated sites on NFS lands are referred to ADEC for cleanup by the
person or persons responsible in accordance with the site cleanup rules at Title 18 Alaska
Administrative Code (AAC) 75.325-390. For non-CERCLA substances regulated under
the Oil Pollution Act of 1990 (33 U.S.C. Sections 2701-2761, as annotated), ADEC will
determine, on a site-specific basis, the scope and nature of response, including the
applicable cleanup standards for petroleum, oil and lubricant contamination.
Accordingly, the lessee/holder shall obtain prior approval from the ADEC before
beginning any non-CERCLA contaminated site cleanup process on the approved site.
All cleanup activities at contaminated sites on National Forest System lands in Alaska
must, at a minimum, meet the environmental cleanup standards for soils, established by
ADEC at 18 AAC 75.341 in Tables B-1 and B-2, or for groundwater in 18 AAC 75.345
Table C and applicable water quality standards. The initial soil cleanup levels are
conservative and based on the Method 2 Migration to Groundwater pathway for the
appropriate rainfall zone. The responsible party may apply to ADEC for alternative
cleanup levels after characterizing the contamination and evaluating site specific soil
parameters. ADEC may approve a Method 3 alternate cleanup level for various
petroleum hydrocarbons based on these site-specific conditions. The Forest Service
provides consultation to ADEC when alternate cleanup standards are proposed.
Other federal or state pollution control laws may also apply depending on site-specific
factors. Nothing in this provision relieves the lessee/holder from also meeting the
requirements of other federal or state pollution control laws.
Source: R10-2709.11-2003-6, dated September 24, 2003.
Modification: number change to R10-D101, Language updated by Ken Maas 11-10-04
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EFFECTIVE DATE: 12/22/2006
DURATION: Effective until superseded or removed.
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D102. Seasonal Site Management (R10-D102).
User Note: To be added to all ANILCA facilities special use
authorizations used for the taking of fish and wildlife. Optional for use in
other authorizations where site management might pose a problem. For
outfitter and guides see D103 clause.
Use shall be limited to the season specified on the face of the authorization, with ___
(one or two) ___ additional week(s) on either side of the season for preparation and
clean-up. The Authorized Officer may approve additional use or an extension of time.
To preserve the temporary nature of facilities approved under a permit, the breakdown
and storage of said facilities shall be required upon regular or seasonal cessation of
activities. The components of approved facilities and equipment may be stored on site in
an orderly and consolidated state. Authorized site shall be kept clean, neat, well
maintained and orderly. Trash, debris, unusable machinery, fuel containers, etc. shall be
disposed of concurrently with site use or no later than the end of each season, to avoid an
accumulation of unneeded equipment. Toilet holes shall be filled in to avoid the spread
of human waste and attraction of animals.
Source: R10 FSH 2709.11-2003-4, dated June 30, 2004, and R10-FSM 2300-2003-2 dated September 17,
2003
Modification: number change to D102, name changed to Seasonal Site Management, from Seasonal Use
D103. Use of Equipment in Wilderness and Wilderness Study Areas (R10-D103).
User Note: To be added to all special use authorizations for temporary
ANILCA facilities authorize by Section 1316 of ANILCA in wilderness or
wilderness study areas.
Use of motorized equipment may by used when determined to be the minimum tool
necessary and is approved in advance by the Authorized Officer. Only temporary
equipment directly and necessarily related to the taking of fish and wildlife will be
authorized, and may include equipment such as chainsaws, generators, and other handheld tools or appliances.
Source: R10-FSM-2320 R10 Supplement No. 46, dated 2-26-1990, Tongass Land Management Plan 1997,
Chugach Land Management Plan 2002.
Modification: Changed number to R10-D103.
D104 - Regulation of Motorized Equipment in Designated Wilderness Areas or Wilderness
Study Areas (R10-D104).
User Note: To be added to all special use authorizations for 1303(b) and
1303(d) ANILCA cabins in wilderness or wilderness study areas.
Use of motorized equipment may by used when determined to be the minimum tool
necessary and is approved in advance by the Authorized Officer. Authorized ground
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equipment may include chainsaws, generators, power brush cutters, and other hand-held
tools and appliances, but not all terrain vehicles (ATV’s), motorcycles, or other types of
off road vehicles (ORV’s) except snowmachines. Power lawn mowers, rototillers and
other power garden equipment may be used only on existing lawns and gardens that were
established prior to the designation of the area as wilderness, or designated as wilderness
study areas.
Source: R10-FSM-2320-2003-2, dated September 17, 2003. (Taken from Sept 1992 letter signed by
Michael Barton, RF copy filed in Historical ANILCA Correspondence Notebooks); Tongass Land
Management Plan 1997, Chugach Land Management Plan 2002
D105. Invasive Species Prevention and Control. (R10-D105)
User Note: Use this clause in all authorizations involving ground
disturbance that could result in the introduction or spread of noxious
weeds and/or exotic plants. Clause would be appropriate for use at sites
associated with permanent structures, such as cabins, resorts,
communication sites, pipelines, etc. The intent is to apply this provision
only for a well-defined area, such as a narrow linear right-of-way, where
it can be determined without a doubt that the noxious weeds resulted
from the activities of the holder.
The Outfitter and Guide permit FS-2700-4i has a standard noxious weed
prevention and control clause, so this regional clause would be redundant
– do not use in Outfitter and Guide permits.
The introduction of invasive, non-native plants, including noxious weeds and/or exotic
plants needs to be prevented and controlled on National Forest System lands according to
the following:
1. The holder shall be responsible for the prevention and control of noxious weeds and/or
exotic plants arising from the authorized use. For purposes of this clause, noxious weed
and exotic plants include those species identified in the Alaska Region publication
“Selected Invasive Plants of Alaska” 2004, or any subsequent version issued during the
tenure of this authorization.
2. When control or elimination of noxious weeds and/or exotic plants is determined to be
necessary by the authorized officer, the holder shall develop a plan for noxious weed and
exotic plant prevention and control. Such plans must have prior written approval from
the authorized officer and, upon approval, shall be attached to this permit as an appendix.
Source: FS-2700-4i permit, dated June 2005.
Modification: number changed to R10-D105, adapted to Alaska Region publication
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D106. Stream Flow. (R10-D106)
User Note: Use in water related authorizations when appropriate.
The Holder shall maintain stream flows adequate to protect the environment, including
fishery resources and channel stability. Minimum flows shall be specified by the
Authorized Officer. During high spring runoff, natural peak discharge will be maintained
for a period of not fewer than five (5) days. The Holder shall be responsible for
monitoring stream flow and determining when reservoir releases, diversion curtailments,
or other measures are required to maintain required stream flow levels. Prior to
development, the Holder shall submit a Stream Flow Monitoring Plan for approval by the
Authorized Officer.
Source: R2-FSH-2709.11-2006-1, dated May 3, 2006.
Modification: Wording change from bypass flow or instream flow to stream flow. Number change to
match R10 numbering system.
D107. Specified Reservoir Flow. (R10-D107)
User Note: Use in reservoir authorizations where specified flows are
needed to protect aquatic habitat, to provide stream bank stabilization or
to protect streamside vegetation.
To provide and maintain satisfactory (aquatic habitat)(stream bank condition)(streamside
vegetation), the Holder shall:
1. Release an instantaneous flow of (##) cubic feet per second (cfs) from the reservoir
outlet at all times except when the inflow to the reservoir is less than (##) cfs, in which
case the release shall equal the inflow. If directed by the Authorized Officer, the Holder
shall install and maintain an acceptable measuring device for determining the amount of
water being released.
2. Control maximum release through the outlet works so as not to exceed (##) cfs at any
time.
Source: R2-FSH-2709.11-2006-1, dated May 3, 2006.
Modification: Number change to match R10 numbering system.
D108. Minimum Reservoir or Conservation Pool. (R10-D108)
User Note: Use in reservoir related authorizations when appropriate.
The holder shall maintain the minimum level of the reservoir pool at (insert elevation,
acre feet, outlet elevation, or other parameter) unless specifically authorized in writing
by the Authorized Officer to lower the reservoir pool below the said specified minimum
level.
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Source: R2-FSH-2709.11-2006-1, dated May 3, 2006.
Modification: Number change to match R10 numbering system.
52.5 – E Clauses - Tenure, Termination, Revocation, and Limit of Use
E101. ANILCA Permit Tenure (R10-E101)
User Note: To be added to all 1303(b) ANILCA Cabin special use
authorizations. May be used as appropriate for other ANILCA facilities.
This permit may be renewed for a period of 5 years. At the time of renewal, reasonable
terms and conditions which may be prescribed by the Forest Service to comply with the
current existing laws and regulations governing the occupancy and use of National Forest
System lands shall be included in the renewed authorization.
Source: ANILCA 1303(b)(2); R10 Supplement 2709.11-91-1, Exhibit 01, ANILCA cabin special use
permit, clause 1. Supplement dated 4/22/91.
Modification: formerly clause number E1, number change to R10-E101
E102. No Proprietary rights or privileges. (R10-E102)
User Note: To be added to all special use authorizations for shelters and
cabins authorized by Section 1303 or 1316 of ANILCA, including
industrial facilities. This clause may be used in other authorizations
issued under the authority of the Organic Act of 1897, as needed.
This permit conveys no proprietary rights or privileges to the Holder. Private recreational
use, commercial use, (other than shown on the face of the permit), or subleasing of the
facilities is prohibited. The Holder (or the holder’s estate) agrees to vacate the site and
remove all personal property upon termination, non-renewal, or revocation of the permit.
Source: R10 Supplement 2709.11-91-1, Exhibit 01, ANILCA cabin special use permit, clauses 18 and 24.
Supplement dated 4/22/91.
Modification: formerly clause numbers 18, 24, and 26, number change to R10-E102
E103. ANILCA Permit Assignability (R10-E103).
User Note: To be added to all special use authorizations for ANILCA
1303(d) cabins that have been transferred one time or ANILCA 1303(b)
cabins which are not subject to the transfer clause; or for temporary
facilities issued under ANILCA section 1316.
This authorization is not assignable or transferable. If Holder, through death, voluntary
transfer, enforcement of contract, foreclosure, or other valid legal proceeding ceases to be
the owner of the improvements described on the face of this authorization, this
authorization shall terminate by its own provisions. A new authorization shall not be
issued to any subsequent person, heir, living trust, corporation, or any person holding an
interest in the improvements.
R-10 SUPPLEMENT 2709.11-2006-6
EFFECTIVE DATE: 12/22/2006
DURATION: Effective until superseded or removed.
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If this authorization is terminated, it is agreed that the removal of the structures and
improvements, in accordance with the terms of the authorization, shall be the sole
responsibility of the holder or the holder's estate. It is also agreed that any and all costs,
expenses, or liabilities incurred by the Forest Service in connection with the removal of
structures and improvements and the restoration of the site are proper charges against the
estate to be paid by the holder or from the assets of the estate.
Source: R10 Supplement 2709.11-91-1, Exhibit 01, ANILCA cabin special use permit, clauses 11 and 12.
Supplement dated 4/22/91
Modification: number change to formerly clause number 12, renumbered to E103. Combined with
Conditioned Tenure clause, formerly clause R10-E1. Name change from Non-transferable to Assignability,
and wording from Assignability clause incorporated into 1 st PP.
E104. ANILCA Permit termination (R10-E104).
User Note: To be added to all special use authorizations for ANILCA
1303(d) or ANILCA 1303(b) cabins. For temporary facilities issued
under ANILCA section 1316, delete the second paragraph.
This authorization may be terminated upon breech of any of the conditions herein, or
upon a finding by the Authorized Officer, that there is a demonstrated conflict with the
purposes for which the area is used or was established.
Termination for reasons involving conflicts for which the area is used or was established,
would be effective only after specific findings, following public notice and an
opportunity for written comments from the Holder. Termination or non-renewal for
reasons involving conflicts for which the area is used or was established will require
notification 5 years prior to termination of the authorization; or death of the last Holders
named herein, whichever occurs first.
Source: R10 Supplement 2709.11-91-1, Exhibit 01, ANILCA cabin special use permit, clause 25.
Supplement dated 4/22/91.
Modification: number change to E104.
E105. Authorization on Lands subject to Disposal. (R10-E105)
User Note: Use this clause in all authorizations issued for uses occurring
in areas that have been identified or are being considered for disposal.
Do not use in easements, leases, or term permits.
In the event of conveyance of the Federal land underlying this authorization, the holder
hereby acknowledges that said Federal land shall be appraised as though unencumbered
by this or subsequent authorization. In no event shall the said Federal land be diminished
in value as a result of this or subsequent authorizations.
R-10 SUPPLEMENT 2709.11-2006-6
EFFECTIVE DATE: 12/22/2006
DURATION: Effective until superseded or removed.
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Source: R2-FSH-2709.11-2006-1 dated May 3, 2006
Modification: number change to R10-E105
E106. Termination of Authorization on Lands subject to Disposal. (R10-E106)
User Note: Use this clause in all authorizations issued for uses occurring
in areas that have been identified or are being considered for disposal.
The following clause must be used in special use permits that are
presently in or may be within the boundaries of State or Native claim
selection areas. Do not use in easements, leases or term permits as these
uses are conveyed subject to outstanding rights.
This authorization will terminate upon issuance of a decision to convey the land into nonFederal ownership. Should this authorization fall within the boundaries of a present or
future State or Native claims selection area, this authorization shall terminate 2 days prior
to the selection receiving tentative approval, interim conveyance, or patent to the State of
Alaska, a Native, or a Native corporation.
Source: R10-FSH-2709.11-2003-6, dated June 30, 2003 clause X-12 combined with R2-FSH-2709.112006-1 dated May 3, 2006.
Modification: number change to R10-E106, replaces former R10-X12-State or Native Claims Selection
52.7 – G Clauses – Roads
G101 - Inspection of Major Drainage Structures (R10-G101).
User Note: This clause is mandatory for all private roads with major
drainage structures as defined as one with a span of 20 feet or greater.
Clause may be added as Item 4 to WO clause G-1.
The holder is responsible for the inspections of the following major drainage structures:
(description and location)
These structures shall be inspected by a qualified engineer, registered within the State in
which the structure is located, on a two (2) year interval or when damage occurs to the
structures.
The procedure shall include a written field inspection report and structural analysis to
determine the safe load carrying capacity. Structures shall be rated as to safe load
carrying capacity in accordance with the current edition of the Manual for Maintenance
Inspections of Bridges published by the American Association of State Highway and
Transportation Officials. A copy of maintenance and/or repair or replacement shall be
forwarded to the Forest Supervisor for review and approval. The holder and the Forest
Supervisor then will agree as to when the needed repairs and/or maintenance or
replacement will be completed.
R-10 SUPPLEMENT 2709.11-2006-6
EFFECTIVE DATE: 12/22/2006
DURATION: Effective until superseded or removed.
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Source: R1-FSH-2709.11-200-1 dated February 8, 2000.
Modification: number change to R10-G101
G102. Alienation of Property (R10-G102).
User Note: This clause is mandatory for use in any FLPMA Forest or
Private Road special use authorization where there is a possibility of sale
or subdivision of private land served by this authorization.
If Holder ceases to be the owner of the real property described above, or any portion
thereof, this permit shall terminate. At its discretion and in accordance with then-existing
laws, regulations and policies, the Forest Service may grant additional authorization(s) to
subsequent property owners.
Source: R1-FSH-2709.11-200-1 dated February 8, 2000.
Modification: number change to R10-G102
G103. Assignability of Roads or Trails (R10-G103).
User Note: This clause is mandatory for use in any FLPMA Forest or
Private Road special use authorization where there is a possibility of sale
or subdivision of private land served by this authorization.
This authorization for road or trail access to privately owned property shall terminate, if
the permit holder ceases to be the owner of the above-described real property through
death, voluntary transfer, enforcement of contract, foreclosure, or other valid legal
proceeding. This authorization is not assignable or transferable.
Source: R1-FSH-2709.11-200-1 dated February 8, 2000.
Modification: number change to R10-G103
52.8 – X Clauses - Miscellaneous
X101. Designation of Holder Representative (R10-X101).
User Note: Use on all Permits if the holder is an organization or if the
permit has been authorized under ANILCA (e.g. with a listing of family
members).
The holder (or use name of authorized group) must designate in writing to the authorized
officer the name and title of the person who is authorized to act in all matters connected
with the privileges authorized by this permit. In the event the designated representative is
to be changed for any reason, the authorized officer must be notified of the replacement
as soon as possible.
Source: R10-FSH-2709.11-2003-6 dated September 24, 2003.
Modification: number change to R10-X101
R-10 SUPPLEMENT 2709.11-2006-6
EFFECTIVE DATE: 12/22/2006
DURATION: Effective until superseded or removed.
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X102. Tide Land Clause (R10-X102).
User Note: All Permits that involve, or may involve, the use of tidelands
shall include the following clause.
This permit authorizes only the area and improvements located above the line of mean
high tide. Mean high tide is usually found around the 12 foot tide level, and is commonly
associated with the presence of beach vegetation.
Authorization for the use of the tidelands seaward from the line of mean high tide must
be secured from the State of Alaska, Division of Lands.
Source: R10-FSH-2709.11-2003-6 dated September 24, 2003.
Modification: number change to R10-X102, re-worded by Jim Ustasiewski in OGC to be consistent with
Tongass NF, Quiet Title Settlement Agreement.
X103. ANILCA Facility Maintenance (R10-X103)
User Note: To be added to all special use authorizations for ANILCA
cabins issued under section 1303(b) or (d), including temporary facilities
issued under section 1316. Include the second paragraph only in those
authorizations which were issued under section 1303(b)(2) of ANILCA, or
are within wilderness or wilderness study areas.
The existing improvements authorized by this authorization may be maintained, replaced
in kind, removed, but not enlarged. Only routine maintenance is permitted. New
structures or major modifications of existing structures will not be allowed unless
required to meet reasonable health and safety needs. All exterior maintenance will
require construction with natural materials and colors which blend and are compatible
with the surrounding environment. All improvements or replacement structures shall
have prior written approval from the Authorized Officer.
In the event a substantial portion of the existing improvements are destroyed by fire or
other casualty so as to render the same untenable, they may not be rebuilt; the permit
shall terminate according to its own terms. The proportioned amount of fees for the
balance of the calendar year will be reimbursed to the holder once the site has been
restored.
Source: R10-2709.11-2003-2, dated June 30, 2003; R10 Supplement 2709.11-91-1, Exhibit 01, ANILCA
cabin special use permit, clause 14. Supplement dated 4/22/91
Modification: number change to R10-X103
R-10 SUPPLEMENT 2709.11-2006-6
EFFECTIVE DATE: 12/22/2006
DURATION: Effective until superseded or removed.
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X104. New ANILCA Cabin and Related Structures (R10-X104).
User Note: To be used for all new permanent cabins permitted in Alaska
after December 2, 1980, authorized by sections 1303(b)(1) and 1303(b)(4)
of ANILCA.
Any cabin or outbuilding approved for construction by the Forest Service under this
authorization, which is authorized under Section 1303(b)(1) of ANILCA, upon
construction will become the property of the U.S. Government, U.S.D.A., Forest Service,
and shall be subject to the same rules and regulations as other post-ANILCA cabins on
National Forest System lands including but not limited to:
(1) Authorization may be renewed every 5 years at the request of holder, so long as the
holder is engaged in the activities for which this authorization was issued. Authorization
will terminate upon nonuse for purposes authorized, or noncompliance with terms of
authorization, or at the request of the holder.
(2) Authorization is nontransferable and will terminate upon the death of the holder or
termination, revocation, or non-renewal.
(3) Holder agrees to vacate the cabin or structure and remove, within a reasonable period
established by the authorized officer, all personal property from it upon nonrenewal,
termination, or revocation of authorization. It is agreed that the removal of the structures
and improvements shall be the sole responsibility of the permit holder, or the holder’s
estate in the event of death of the holder.
(4) Holder acknowledges that they have no interest in the real property on which the
cabin is located.
(5) This authorization is granted specifically for the purposes designated herein. Cabins
and other structures authorized herein shall not be used for recreation or commercial
purposes. Use of any structure(s) authorized under the terms of this authorization shall
be limited to the purposes for which the authorization is issued. This authorization shall
be revoked for unauthorized use.
(6) Authorization may be revoked under Section 1303(c)(2) of ANILCA.
Source: R10-2709.11-2003-6 dated June 30, 2003.
Modification: number change to R10-X104
X105. Holder’s Operations. (R10-X105)
User Note: To be added to all authorizations used in conjunction with
State licenses, such as mariculture and commercial fishing set-net
facilities.
R-10 SUPPLEMENT 2709.11-2006-6
EFFECTIVE DATE: 12/22/2006
DURATION: Effective until superseded or removed.
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This permit is subject to and contingent on required Federal and State laws, rules, and
regulations applicable to the holder's operations. Termination or sale of any of the
required Federal or State licenses or permits needed for the holder’s legal operation shall
automatically terminate this authorization.
Source: R10-2709.11-2003-2 dated June 30, 2003. See section on Mariculture Uses, and Set-Net Fishing
sites.
Modification: number change to R10-X116
X106. Archaeological-Paleontological Discoveries (R10-X106).
User Note: This clause is mandatory in all permits that authorize any
land use.
(1) For authorizations where ground disturbing activities are not permitted.
Items of historic, prehistoric, or paleontological value are protected under various Federal
laws, including the Antiquities Act of 1906 (16 U.S.C. 433), the Archaeological Resource
Protection Act of 1979 (16 U.S.C. 47033) as amended, and Federal regulations. If
historic, prehistoric, or paleontological objects or sites are discovered during activities
under this permit, the holder is responsible for assuring that those objects or sites are not
disturbed during the course of the activities of the holder or the holder's clients. The
holder must notify the Forest Service of such discovery at the earliest opportunity.
Failure to comply with this clause may result in criminal prosecution of the holder for
violation of a Federal law or regulation.
(2) For authorizations where ground disturbing activities are permitted:
Items of historic, prehistoric, or paleontological value are protected under various Federal
laws, including the Antiquities Act of 1906 (16 U.S.C. 433), the Archaeological Resource
Protection Act of 1979 (16 U.S.C. 47033) as amended, and Federal regulations. If
historic, prehistoric, or paleontological objects or sites are discovered during ground
disturbing activities under this permit, the holder must cease such activities in the vicinity
of the discovery. The holder is responsible for protecting the objects or sites from further
disturbance until the Forest Service is notified. The holder must not resume activities in
the area of the objects or sites until written approval from the Forest Supervisor is given.
Failure to comply with this clause may result in criminal prosecution of the holder for
violation of a Federal law or regulation.
Source: R10-2709.11-2003-6 dated June 30, 2003.
Modification: number change to R10-X106